A witness on whom a New Zealand subpoena has been served in Australia that requires the witness to produce documents or things, but does not require the witness to give oral evidence, and who elects to comply by producing the documents or things at an Australian Court, is not required to comply with the subpoena unless, at the time of service or at some other reasonable time before the witness is required to comply, expenses sufficient to meet the witness’s reasonable expenses of producing the documents or things to an Australian Court and the expenses of transmitting the documents or things to the New Zealand Court that issued the subpoena are paid or tendered to the witness.”

In the case of any other New Zealand Court, rules or, as the case may be, regulations may be made under the authority of any enactment that provides for the making of rules or regulations governing the practice and procedure of the Court, that make provision for or relate to any of the matters referred to in paragraphs (a), (c), and (e) to (h) of subsection (1) of this section.”