(1) A party may apply to the Court for the issue of a certificate of non-compliance with a subpoena.
(2) An application may be made:
(a) if the proceeding in which the subpoena was issued is before the Court--orally to the Court; or
(b) by filing an interlocutory application.
(3) The application must be accompanied by:
(a) a copy of the subpoena; and
(b) a copy of the order giving leave to serve the subpoena; and
(c) an affidavit of service of the subpoena; and
(d) a further affidavit stating the following:
(i) whether any application was made to set aside the subpoena;
(ii) the material in support of any application in subparagraph (i);
(iii) any order that disposed of the application in subparagraph (i);
(iv) the material facts relied on for the issue of a certificate of non-compliance.
Note 1: A certificate of non-compliance with a subpoena issued under section 38 of the Trans-Tasman Proceedings Act will be in accordance with Form 99.
Note 2: A Registrar will affix the stamp of the Court to a certificate of non-compliance with a subpoena.