(1)  A party to criminal proceedings may apply to the Court for the issue, under section 38 of the Trans-Tasman Proceedings Act, of a certificate of non-compliance with a subpoena issued in respect of the proceedings.

(2)  An application under subrule (1) 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 application in the proceeding.

(3)  An application under subrule (1) must be accompanied by –

(a) a copy of the subpoena; and

(b) a copy of the order, under section 31 of the Trans-Tasman Proceedings Act, 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) if such an application referred to in subparagraph (i) was made –

(A) the material provided in support of the application; and

(B) any order that disposed of the application;

(iii) the material facts relied on for the application for the certificate of non-compliance.