Subpoena to produce documents (New Zealand) (Form 98B)
Form 98B is the Federal Court of Australia subpoena to produce documents for service on a person in New Zealand under the Trans-Tasman Proceedings Act 2010.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 98B
- Version
- v8fe103e4
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 98B is for
Part 5 of the Trans-Tasman Proceedings Act 2010 (Cth) allows a federal court subpoena to be served in New Zealand with the court's leave (s 31). A subpoena that only requires production must let the person comply by producing at any registry of the High Court of New Zealand not later than 10 days before the production date (s 34). The subpoena must be accompanied by the leave order and a notice of rights and obligations (s 32). In the Federal Court, leave is sought in Form 97 (r 34.66) and a subpoena to produce must be in Form 98B (r 34.67(b)), which includes the Notice to Witness.
When you need it
- A person or company in New Zealand holds documents you need produced in a Federal Court proceeding.
- You do not need the person to give evidence. Use Form 98C if you need both.
- You have, or are seeking, leave to serve in New Zealand.
How to fill it in
- 1
Complete the Notice to Witness
Fill in the heading and any Court contact details asked for. The notice explains the right to expenses, how to produce in New Zealand and how to apply to set the subpoena aside.
- 2
Complete the subpoena
Insert the addressee, the last date for service (as fixed in the leave order), your address for service, and the date, time and place for production.
- 3
Give both delivery addresses
Insert the Federal Court registry address and the High Court of New Zealand registry address to which documents may be delivered.
- 4
List the documents
Complete the schedule of documents or things, describing them specifically.
Filing, lodging and service
- Apply for leave by interlocutory application in Form 97 with a copy of the subpoena and an affidavit covering the matters in r 34.66(2).
- Serve in New Zealand with a copy of the leave order and the notice (TTPA s 32), and pay allowances and travel expenses sufficient for reasonable expenses at service or a reasonable time before compliance (s 33).
- The person may deliver the documents to the Federal Court registry at least 2 clear business days before the date, or produce them at a High Court of New Zealand registry; the Act requires that option to be available up to 10 days before the date (TTPA s 34).
Common mistakes
- When producing at a New Zealand registry, the person pays the cost of sending the documents to the Federal Court, which can come out of the expense money you provided (Notice to Witness).
- A ground for setting aside is that the documents should not leave New Zealand and their contents can be proved another way (TTPA s 36(3)(c)).
- Copies can be produced with the issuing party's consent, in the electronic formats listed in the notes.
Frequently Asked Questions
Where does a New Zealand recipient send the documents?
To the Federal Court registry address in the subpoena, or to a registry of the High Court of New Zealand, within the time limits stated in the subpoena.
Do I need leave to serve a Federal Court subpoena to produce in New Zealand?
Yes. Leave is required under TTPA s 31 and is sought by interlocutory application in Form 97 (r 34.66).
Checked against the official sources on 26 October 2026
- Trans-Tasman Proceedings Act 2010 (Cth) Part 5 Division 2 (ss 29 to 37)
- Federal Court Rules 2011 (Cth) rr 34.66 to 34.69
- Federal Court of Australia - Form 98B
- Federal Court of Australia - Forms under the Federal Court Rules 2011
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
20 boxes on the Subpoena to produce documents (New Zealand) (Form 98B) fill from your matter. 1 is for you to complete: ticks, signatures and anything that needs judgement.
- Client
- Client email, Client full name(s), Client postal address (full), Client state
- Matter
- Matter / file reference
- Key Dates
- Current date
- Operator
- User First Name
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