(1) A New Zealand subpoena may, with the leave of a Judge of the High Court, be served on a witness in Australia.
(2) In determining whether to grant leave the Judge must, in addition to any other matter that the Judge considers relevant, have regard to—
(a) the significance of the oral evidence to be given, or the document or thing to be produced, or both; and
(b) whether the oral evidence to be given, the document or thing to be produced, or both could be obtained without significantly greater expense by other means and with less inconvenience to the witness.
(3) The Judge may grant leave subject to any conditions that the Judge thinks fit, and must impose a condition that the New Zealand subpoena is not to be served after a specified date.
(4) The Judge must not grant leave if the subpoena is addressed to a witness who has not attained the age of 18 years.
(5) The Judge may give directions as to service.
(6) This section is subject to the applicable rules of court.
Compare: 1994 No 31 s 5