You can ask a New Zealand court for permission to make someone in Australia give evidence in New Zealand court proceedings. This is called a trans-Tasman subpoena.
Trans-Tasman subpoenas cover all criminal court cases and most civil court cases. Some Family Court cases aren’t covered, like cases involving orders under the 1980 Convention on the Civil Aspects of International Child Abduction or relating to a person who is not fully able to manage their own affairs.
You must ask the New Zealand court for permission to serve the subpoena in Australia.
When deciding whether to give permission, the New Zealand court must consider:
The person in Australia can:
The New Zealand court may give permission for evidence to be given remotely if it’s satisfied that:
If the person in Australia travels to New Zealand to give evidence, you’ll have to pay their reasonable expenses. This could include things like travel, accommodation and food.
If the person who is issued with a subpoena doesn’t appear in court to give evidence or produce documents, the court might hold them in contempt of court.
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