This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 11 October 2013, are made under the Evidence Act 2006 (the Act) and powers in other Acts to make rules of court. They arise from amendments to the Act's provisions (in subpart 1 of Part 4) on trans-Tasman service of, and compliance with, subpoenas issued in civil proceedings. The amendments, which are made by the Trans-Tasman Proceedings Act 2010 on 11 October 2013, ensure that those provisions of the Act also enable—
subpoenas issued in criminal proceedings in New Zealand courts to be served and complied with in Australia; and
subpoenas issued in criminal proceedings in Australian courts to be served and complied with in New Zealand.
These rules are made for the purposes of those provisions, and make provision for, or relate to, trans-Tasman service of, and compliance with, New Zealand subpoenas and Australian subpoenas issued in criminal proceedings. They follow closely, but also modify suitably, High Court Rules and District Courts Rules on trans-Tasman service of, and compliance with, New Zealand subpoenas and Australian subpoenas issued in civil proceedings.
Under these rules, the High Court, a District Court, or a Youth Court may issue a New Zealand subpoena in criminal proceedings for service, with the relevant court's leave, in Australia.
These rules also contain provisions on a document or thing being produced at a registry of the High Court—
Date of notification in Gazette: 5 September 2013.
These rules are administered by the Ministry of Justice.