Form 6.26	Trans-Tasman proceedings—application for leave to serve subpoena in New Zealand
Court Procedures Rules 2006
(see r 6865 (1) (Trans-Tasman proceedings—application for leave to serve subpoena in New Zealand))

In the *[Supreme/Magistrates/Coroner’s] Court of the Australian Capital Territory
No *[SC/MC/CC]	of (year)
Trans-Tasman Proceedings Act 2010 (Cwlth), section 31
*(for a civil matter)
(name)
Plaintiff

(name)
Defendant

*(for a criminal matter)
*[The Queen]
and
(name of accused person)
*omit if, or whichever is, inapplicable
Take notice that the Court will hear an application by the (state capacity, eg plaintiff/defendant/Director of Public Prosecutions/accused person, and name of person making application) on (date), at (time) (or as soon after that as this application can be heard), to make the following orders:
1	the *[plaintiff/defendant/Director of Public Prosecutions] be granted leave to serve a subpoena on (name of person to be served) in New Zealand; 
2	any other orders that the Court considers appropriate.

Grounds of application
The orders are sought on the grounds stated in the affidavit of (name) *[sworn/affirmed] on (date).
(The affidavit must state the following:
(a)	the name, occupation and address of the person to be served (the addressee);
(b)	whether the addressee is at least 18 years old;
(c)	the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;
(d)	details of the steps taken to find out whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee;
(e)	the date by which it is intended to serve the subpoena in New Zealand;
(f)	details of the amounts to be given to the addressee to meet the addressee’s reasonable expenses of complying with the subpoena;
(g)	details how the amounts mentioned in paragraph (f) are to be given to the addressee; 
(h)	if the subpoena is a subpoena to give evidence—an estimate of the time that the addressee will be required to attend to give evidence; 
(i)	any facts or circumstances known to the person making the affidavit that may give cause for the subpoena to be set aside under the Trans-Tasman Proceedings Act 2010 (Cwlth), section 36 (2) or (3) (Setting aside Australian subpoenas).)
Date:
(signature of person making application/person’s solicitor)
(name of person making application/person’s solicitor)

To:	The *[plaintiff/defendant/Director of Public Prosecutions/(accused person/accused person’s legal practitioner)]
*[And to: (list each interested person’s name and address)]

*Address for service of documents
(complete this section if person making application is not an active party)
(set out person’s address for service)
(if represented by a solicitor the following information may be given)
*Document exchange box no:
(if postal address different from address for service)
*Postal address:
*Fax:

*omit if, or whichever is, inapplicable