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SR 1995 No. 22 Regulations as amended, taking into account amendments up to SR 1995 No. 405
Registered 25 Mar 2010
Start Date 19 Dec 1995
End Date 22 Jun 1997
Date of repeal 11 Oct 2013
Repealed by Other
Repealing Comments Enabling legislation was repealed by Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010 on 11 October 2013

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS
(#DATE 29:02:1996)

- In force under the Evidence and Procedure (New Zealand) Act 1994
- Updated as at 29 February 1996
*1* The Evidence and Procedure (New Zealand) Regulations (in force under the Evidence and Procedure (New Zealand) Act 1994) as shown in this reprint comprise Statutory Rules 1995 No. 22 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1995 No. 22 28 Feb 1995 1 Apr 1995 (see r. 2 and
Gazette 1995, No. GN8)
405 19 Dec 1995 19 Dec 1995 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 7 am. 1995 No. 405
Schedule 1 am. 1995 No. 405
#ADD 25:3:1996

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Commencement
3. Interpretation
4. Courts to which Part 2 of the Act applies
5. Notice under section 10 of the Act
6. No court fee payable for an application to set subpoena
aside
7. Courts that are authorised to receive a document or thing
required by subpoena to be produced
8. Lodging, at an Australian court, documents or things for
production under a New Zealand subpoena
9. Courts to which Part 4 of the Act applies
10. Australian courts whose officers may assist New Zealand
courts
SCHEDULE 1
Courts to which Part 2 of the Act applies
SCHEDULE 2
Notice to Witness

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Evidence and Procedure (New Zealand) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 2
Commencement

2. These Regulations commence on the date of commencement of section 7 of the Evidence and Procedure (New Zealane) Act 1994.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 3
Interpretation

3. In these Regulations, unless the contrary intention appears:
"Act" means the Evidence and Procedure ((NEW ZEALAND)) Act 1994;
"prescribed registry" means a location of a court registry to which section 22 of the Act applies.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 4
Courts to which Part 2 of the Act applies

4. Each of the courts mentioned in Column 3 of an item in Part 1 of Schedule 1 of the State or Territory mentioned in Column 2 of that item is a specified court for the purposes of paragraph 7 (b) of the Act.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 5
Notice under section 10 of the Act

5. For the purposes of subsection 10 (3) of the Act, the prescribed form is the form set out in Schedule 2.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 6
No court fee payable for an application to set subpoena aside

6. A fee is not payable by a person applying to a court under section 13 of the Act to set aside a subpoena:
(a) for lodging or filing the application or any document in support of the application; or
(b) for hearing all or any part of the application.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 7
Courts that are authorised to receive a document or thing required by
subpoena to be produced

7. (1) Each of the courts mentioned in Column 3 of an item in Part 2 of Schedule 1 of the State or Territory mentioned in Column 2 of that item is a specified court for the purposes of subsection 22 (1) of the Act.


(2) If, in relation to such a court, registry locations of that court are specified in Part 2 of Schedule 1, section 22 of the Act only applies in relation to the specified locations of that court's registry.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 8
Lodging, at an Australian court, documents or things for production
under a New Zealand subpoena

8. (1) In this regulation:
"subpoena" means a subpoena to which Part 3 (other than section 23) of the Act applies.


(2) The Registrar of a court must accept for lodgment a document or thing that a person produces at a prescribed registry of the court for lodgment in compliance with a subpoena if the person:
(a) produces the subpoena to an officer of the court; and
(b) pays to the court an amount which, in the opinion of an officer of the court, is sufficient to meet the cost of transmitting the document or thing to the registry out of which the New Zealand court issued the subpoena.


(3) If a document or thing referred to in subregulation (2) is lodged at the registry of the court, the Registrar of the court must:
(a) cause a receipt to be issued to the person that:
(i) describes the document or thing; and
(ii) specifies the date on which the document or thing was lodged;
and
(b) cause a copy to be made of the subpoena; and
(c) cause a copy of:
(i) the receipt; and
(ii) the subpoena;
to be sent by facsimile transmission to the registry, out of which the (NEW ZEALAND) court issued the subpoena, as soon as practicable after the document or thing is lodged; and
(d) cause:
(i) the document or thing; and
(ii) a copy of the subpoena;
to be transmitted to the registry, out of which the New Zealand court issued the subpoena, by a means that will ensure that the document or thing, and the copy of the subpoena, will arrive at the registry before the date on which the document or thing is required to be produced to that court.
(NOTE: For other obligations of the Registrar see subsection 22 (3) of the Act.).


(4) For the purposes of paragraph (2) (b), the officer must form his or her opinion on the basis that the document or thing will be transmitted by a means that:
(a) is reasonable; and
(b) in the opinion of the officer is likely to ensure that the document or thing will arrive at the registry, out of which the New Zealand court issued the subpoena, before the date on which the document or thing is required to be produced to that court.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 9
Courts to which Part 4 of the Act applies

9. Each of the courts mentioned in Column 3 of an item in Part 3 of Schedule 1 of the State or Territory mentioned in Column 2 of that item is a specified court for the purposes of paragraph 24 (b) of the Act.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - REG 10
Australian courts whose officers may assist New Zealand courts

10. Each of the courts mentioned in Column 3 of an item in Part 4 of Schedule 1 of the State or Territory mentioned in Column 2 of that item is a specified court for the purposes of paragraph 36 (2) (b) of the Act.

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - SCHEDULE 1

SCH

SCHEDULE 1 Regulation 4
PART 1
COURTS OF A STATE OR TERRITORY WHOSE SUBPOENAS MAY BE SERVED IN
NEW ZEALAND
Column 1 Column 2 Column 3
Item State or Territory Court
1 Australian Capital Territory Supreme Court
Magistrates Court
Coroner's Court
2 South Australia Supreme Court
District Court Magistrates' Court
3 New South Wales Supreme Court
Industrial Court
District Court
Compensation Court
Local Courts
4 Queensland Supreme Court
Industrial Court
District Courts
Planning and Environment
Court
5 Western Australia Supreme Court
District Court
Local Courts
Regulation 7
PART 2
COURTS OF A STATE OR TERRITORY THAT ARE AUTHORISED TO RECEIVE A
DOCUMENT OR THING THAT IS REQUIRED BY SUBPOENA TO BE PRODUCED
Column 1 Column 2 Column 3
Item State or Territory Court
1 Australian Capital Territory Supreme Court
2 New South Wales Supreme Court
3 Western Australia Supreme Court
District Court (only in
relation to the following
registry locations -
Albany, Broome, Bunbury,
Carnarvon, Derby,
Esperance, Geraldton,
Kalgoorlie, Karratha,
Kununurra and Port Hedland)
Regulation 9
PART 3
COURTS OF A STATE OR TERRITORY IN WHICH EVIDENCE ETC MAY BE TAKEN
BY VIDEO LINKS OR TELEPHONES
Column 1 Column 2 Column 3
Item State or Territory
Court
1 Australian Capital Territory Supreme Court
Magistrates Court
2 South Australia Supreme Court
District Court
Magistrates' Court
3 New South Wales Supreme Court
Industrial Court
District Court
Compensation Court
Local Courts
4 Queensland Supreme Court
Industrial Court
District Courts
Planning and Environment
Court
5 Western Australia Supreme Court
Family Court
District Court
Local Courts
Regulation 10
PART 4
COURTS OF A STATE OR TERRITORY WHOSE OFFICERS MAY ASSIST A
NEW ZEALAND COURT
Column 1 Column 2 Column 3
Item State or Territory Court
1 Australian Capital Territory Supreme Court
2 New South Wales Supreme Court
3 Western Australia Supreme Court
District Court

EVIDENCE AND PROCEDURE (NEW ZEALAND) REGULATIONS - SCHEDULE 2

SCH

SCHEDULE 2 Regulation 5
NOTICE TO WITNESS
Evidence and Procedure (New Zealand) Act 1994
THIS NOTICE IS VERY IMPORTANT
PLEASE READ IT AND THE ATTACHED DOCUMENT OR DOCUMENTS VERY CAREFULLY.
IF YOU HAVE ANY TROUBLE UNDERSTANDING THESE DOCUMENTS YOU SHOULD GET
LEGAL ADVICE AS SOON AS POSSIBLE.
Attached to this notice is a subpoena*.
The subpoena has been issued by (court or tribunal that issued the
subpoena).
The subpoena may be served in New Zealand under New Zealand law
(section 14 of the Evidence Amendment Act 1994 (New Zealand).
This notice:
sets out your rights relating to the subpoena; and
sets out your obligations relating to the subpoena; and
includes information about the way in which you may make an
application to have the subpoena set aside.
YOUR RIGHTS
1. You are entitled to receive payment of an amount equal to the
reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to
meet your reasonable expenses of complying with the subpoena must be
given to you within a reasonable time before the date for compliance
with the subpoena (see below: "YOUR OBLIGATIONS").
3. If, in complying with the subpoena, you incur expenses that are
more than the amount that was given to you before you complied, you may
obtain an order from the (court or tribunal that issued the subpoena)
that you be paid the additional amount you incurred.
4. You may apply to the (court, a judge of which gave leave for the
subpoena to be served) to have the subpoena wholly or partly set aside.
If you wish to apply to have the subpoena set aside you should get
legal advice as soon as possible.
5. An application can be made and determined by that court without
you having to go to Australia, or to retain Australian solicitors. All
the necessary arrangements can be made in New Zealand.
(NOTE: Details of some of the grounds on which a subpoena can be set
aside and the procedures for setting aside a subpoena are set out at
the end of this notice.)
YOUR OBLIGATIONS
1. Unless the subpoena is set aside, you must comply with the
attached subpoena if:
(a) when the subpoena was served on you, or at some reasonable time
before the date specified in the subpoena for compliance with it, you
were offered or given either:
(i) enough money to meet your reasonable expenses in complying with
it, including any travel and accommodation expenses; or
(ii) a combination of money and vouchers (for example, travel
tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a judge
giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified in
the order as the last day on which the subpoena may be served; and
(d) service of the subpoena complied with any other conditions
specified in the order; and
(e) you are over the age of 18 years.
2. If the subpoena only requires you to produce documents or things,
it must specify the date on which the documents or things are required
for production in the court or tribunal that issued the subpoena. You
may comply with the subpoena by producing the documents or things at a
registry of the High Court of New Zealand at least 10 days before the
date specified in the subpoena. When you produce the documents or
things at the registry you will be required to produce the subpoena and
to pay the cost of sending the documents or things to the court or
tribunal that issued the subpoena. You will be able to pay that cost
out of the money given to you to meet your reasonable expenses of
complying with the subpoena.
FAILURE TO COMPLY WITH THE SUBPOENA
If you do not comply with this subpoena you may be arrested and taken
before the High Court of New Zealand. Unless the High Court is
satisfied that failure to comply should be excused, a fine not
exceeding NZ$10,000 may be imposed.
GROUNDS FOR SETTING ASIDE A SUBPOENA
1. The court must set aside the subpoena if the subpoena requires you
to attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot reasonably
get them within the time allowed for compliance with the subpoena; or
(b) if you complied with the subpoena - you would be liable to be
detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an
offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in
Australia (other than proceedings under the Trade Practices Act 1974
(Australia)); or
(e) you are subject to a restriction on your movements imposed by law
or an order of a court that is inconsistent with you complying with the
subpoena (for example, bail conditions, release conditions or terms of
a community based sentence).
2. The grounds on which the court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be obtained
satisfactorily by other means without significantly greater expense;
(b) compliance with the subpoena would cause you hardship or serious
inconvenience;
(c) if the subpoena requires you to produce a document or thing and:
(i) that document or thing should not be taken out of New Zealand;
and
(ii) satisfactory evidence of the contents of the document or
satisfactory evidence of the thing can be given by other means.
(NOTE: The above list does not include all the matters the court will
consider in an application to set aside a subpoena, but if any of the
matters in the list apply to you they should be included in your
application.)
PROCEDURE FOR APPLYING TO SET ASIDE A SUBPOENA
1. Application must be made to the (court, a judge of which gave
leave for service of the subpoena in New Zealand).
2. You may fax your application to that court on fax number (fax
number of the court).
3. Your application must contain an address for service in New
Zealand or Australia. Any documents to be served on you will be
delivered, faxed or posted to you at that address.
4. The Registrar of the (court) will arrange for service of your
application and of any affidavit you lodge with the court with your
application.
5. The court may determine your application without a hearing unless
you, or the person who requested that the subpoena be issued, asks for
a hearing.
6. If there is a hearing the court can direct that it be held by
video link (that is, a conference television link) or telephone. In
that case you or your lawyer can take part in the hearing by video link
or by telephone from a place in New Zealand.
7. If, in your application or within a reasonable time after lodging
your application, you request that the hearing be held by video link or
telephone, the court must hold a hearing by video link or telephone.
However, in such a case, the court will determine which of video link
or telephone will be used.
(* NOTE: If the process served is not called a subpoena, substitute
the name of the process for the word "subpoena" throughout this
notice.)