Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940387477.pdf (New Zealand)
Reprint as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Public Act Date of assent Commencement 2010 No 108 31 August 2010 see section 2 Contents Title Commencement Part 1 Preliminary and general provisions Purpose of, and guides to, this Act Interpretation References to repealed Australian enactments Trans-Tasman market proceedings provisions not affected Act binds the Crown Regulations Procedural rules Amendments to, and revocations of, other enactments Page 5 5 5 7 12 12 12 12 13 13 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.
1 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Part 2 Trans-Tasman proceedings Subpart 1—Service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals Guide to this subpart Application of this subpart Service of initiating documents in Australia Effect of service under section 13 Information for defendant that must be in or with documents served under section 13 Consequences of failing to provide information Time for filing appearance or response document Defendant’s address for service Defendant may appear remotely in hearing of application for stay Security for costs Subpart 2—New Zealand courts declining jurisdiction on grounds that Australian court is more appropriate forum Guide to this subpart Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum Hearing on, or other determination of, application Order of stay of proceeding Exclusive choice of court agreements Power to make stay subject to conditions How this subpart affects New Zealand court’s powers to stay proceedings No restraint of proceedings Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts Subpart 3—New Zealand courts giving interim relief in support of civil proceedings in Australian courts Guide to this subpart Application to New Zealand court for interim relief in support of Australian proceeding Giving of interim relief in support of Australian proceeding Application of New Zealand court procedural rules to interim relief proceeding Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Subpart 4—Remote appearances unrelated to remote evidence Introduction Guide to this subpart How subpart relates to other Acts Evidence Act 2006 trans-Tasman evidence regime governs remote appearances related to remote evidence Courts (Remote
 Participation) Act 2010 does not apply to appearances under this subpart Remote appearances from Australia in New Zealand proceedings Application of sections 38 to 43 New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings Appearing remotely without leave in hearing of application for stay Remote appearances from Australia by audiovisual link Remote appearances from Australia by audio link Costs of remote appearances from Australia Powers of New Zealand court or tribunal in Australia Remote appearances from New Zealand in Australian proceedings People in New Zealand appearing remotely in Australian proceedings Powers of Australian courts or tribunals in New Zealand Orders of Australian courts and tribunals Enforcement of orders of Australian courts and tribunals Place from which remote appearance made part of Australian court or tribunal Privileges, protections, and immunities of participants in Australian proceedings Contempt of Australian courts or tribunals Assistance to Australian courts and tribunals Subpart 5—Recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals Guide to this subpart When registrable Australian judgments are enforceable in New Zealand Registrable Australian judgment defined Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Orders applying subpart to Australian tribunals and their orders Application to register Australian judgment Registration of registrable Australian judgments Currency Money judgments partly satisfied when entitled person applies for registration Judgments only some provisions of which are registrable Setting aside registration Notice to liable person Effect of registration and notification Restriction on enforcing registered Australian judgments Stay of enforcement of registered judgment so
 that liable person can challenge it in Australian court or tribunal Costs and expenses of enforcement of registered Australian judgments Interest on registered Australian judgments Enforcement of registered Australian judgment unaffected by certain rules of private international law Subpart 6—Recognition and enforcement in New Zealand of judgments given in Australian trans-Tasman market proceedings Guide to this subpart When judgments given in Australian trans-Tasman market proceedings are registrable under subpart 5 Registrable judgments include interim injunctions and other interlocutory orders Registration applications may be made only to High Court Subpart 7—Recognition and enforcement in New Zealand of Australian judgments imposing civil pecuniary penalties Guide to this subpart When judgments imposing civil pecuniary penalties are registrable under subpart 5 Registration applications may be made only to specified courts Subpart 8—Recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines Guide to this subpart When judgments imposing regulatory regime criminal fines are registrable under subpart Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 1 s 3 78 Registration applications may be made only to High Court Schedule 1 Trans-Tasman Agreement Schedule 2 Amendments to, and revocations of, other enactments 49 51 62 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) 3 (1) (2) (3) Title This Act is the Trans-Tasman Proceedings Act 2010.
Commencement Parts 1 and 2 and Schedules 1 and 2 come into force on a date appointed by the Governor-General by Order in Council.

The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
Part 1 Preliminary and general provisions Purpose of, and guides to, this Act The purpose of this Act is to— (a) streamline the process for resolving civil proceedings with a trans-Tasman element in order to reduce costs and improve efficiency; and (b) minimise existing impediments to enforcing certain (c) Australian judgments and regulatory sanctions; and implement Zealand law.
the Trans-Tasman Agreement in New Provisions to implement the Trans-Tasman Agreement in Aus- tralian law are in the Trans-Tasman Proceedings Act 2010 (Aust) (the Australian Act).
This Act provides for the following matters: (a) service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tri- bunals: 5 Part 1 s 3 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (c) (e) (d) (b) New Zealand courts declining jurisdiction and, by order, staying proceedings in New Zealand on the grounds that an Australian court is the more appropriate forum to determine the proceedings: New Zealand courts giving interim relief in support of civil proceedings commenced in Australian courts: people in Australia appearing remotely (other than to give, examine a person giving, or make submissions in relation to, remote evidence, under sections 168 to 172 of the Evidence Act 2006) in civil proceedings in New Zealand courts and tribunals: people in New Zealand appearing remotely (other than to give, examine a person giving, or make submissions in relation to, remote evidence, under sections 173 to 180 of the Evidence Act 2006) in civil proceedings in Australian courts and tribunals: recognition and enforcement in New Zealand of speci- fied judgments of Australian courts and tribunals: recognition and enforcement in New Zealand of judg- ments (other than those imposing civil pecuniary penal- ties) given in Australian trans-Tasman market proceed- ings: in New Zealand of recognition and enforcement Australian judgments (including those given in an Australian trans-Tasman market proceeding) imposing civil pecuniary penalties: recognition and enforcement in New Zealand of Aus- tralian judgments imposing regulatory regime criminal fines.
(h) (g) (f) (i) This Act also amends sections 150 to 162 of the Evidence Act 2006, which relate to subpoenas issued in civil proceedings in New Zealand courts being served and complied with in Aus- tralia, so that they also provide for— (a) leave to serve a New Zealand subpoena on a witness in Australia to be given by a New Zealand court that is not a superior New Zealand court if the subpoena is one issued by that court or is one issued by a tribunal declared to be a New Zealand court under section 152 of the Evidence Act 2006; and (4) 6 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 1 s 4 (b) subpoenas issued in criminal proceedings in New Zealand courts to be served and complied with in Australia.
(5) New Zealand court and New Zealand subpoena have, in subsection (4), the meanings given to them by section 150 of the Evidence Act 2006.

Subsections (3) to (5), and the guides to subparts 1 to 8 of Part 2, are by way of explanation only.

They do not affect any section specified in them.
(6) 4 (1) Interpretation In this Act, unless the context otherwise requires,— adjudicative function, in relation to a tribunal, means a func- tion of the tribunal of determining the rights or liabilities of a person in a proceeding in which there are 2 or more parties (in- cluding determining that those rights or liabilities are altered) appear remotely, in relation to a person and a hearing in or related to a proceeding in a court or tribunal in the territory of a party to the Trans-Tasman Agreement, means that the per- son participates in the hearing, from the territory of the other party to the Trans-Tasman Agreement, by remote appearance medium appearance or response document has the meaning given to it by section 17(2) audio link means facilities (for example, telephone facilities) that enable audio communication between people in different places audiovisual link means facilities that enable audio and visual communication between people in different places Australian Act has the meaning given to it by section 3(2) Australian law means a law of the Commonwealth, a State, or a Territory, of Australia Australian trans-Tasman market proceeding means a pro- ceeding in the Federal Court of Australia in which— (a) the matters for determination are or include a matter or matters arising under— (i) any of sections 46A, 155A, or 155B of the Trade Practices Act 1974 (Aust); or 7 Part 1 s 4 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (ii) a provision of Part VI or XII of the Trade Prac- tices Act 1974 (Aust) in so far as it relates to any of sections 46A, 155A, or 155B of that Act; or any other kind of relief specified in an order under sub- section (2)(a) is sought; or an interlocutory order is sought in relation to a proceed- ing of the kind mentioned in paragraph (a) or (b); or the enforcement is sought of a judgment given in a pro- ceeding of the kind mentioned in paragraph (a) or (b) (b) (c) (d) civil pecuniary penalty means a pecuniary penalty imposed in a civil proceeding in relation to a
 contravention of legisla- tion civil proceeding means a proceeding that is not a criminal proceeding commencement New Zealand court or tribunal, in relation to an initiating document, means the New Zealand court or tribunal in which the civil proceeding to which the initiating document relates was commenced court includes a Judge, or Associate Judge, of the court criminal proceeding means a proceeding that is not a pro- ceeding in respect of a claim for compensation or under pro- ceeds of crime legislation, but is— (a) (b) a prosecution for an offence; or a procedure, other than a prosecution, that, under a law of a country, State, or Territory, may be used to do either or both of the following: (i) (ii) related to or associated with a prosecution or procedure in paragraph (a) or (b) determine liability for an offence: impose a penalty for an offence; or (c) defendant, in relation to a proceeding or application, means a person served or intended to be served with the initiating document for the proceeding enforcement of a judgment means the enforcement or execu- tion of the judgment entitled person, in relation to a judgment, means a person— (a) in whose favour the judgment was given; or 8 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 1 s 4 (b) in whom rights under the judgment have (by assign- ment, succession, or otherwise) become vested examination of a person giving evidence means the exam- ination-in-chief, cross-examination, or re-examination of the person excluded interim relief has the meaning given to it by section 31(2) excluded matter means all or any of the following: (a) (b) the dissolution of a marriage: the enforcement of— (i) an obligation under Australian law to maintain a spouse or a de facto partner (within the meaning of the Acts Interpretation Act 1901 (Aust)): an obligation under New Zealand law to maintain a spouse, civil union partner, or de facto partner: (ii) (c) (d) the enforcement of a child support obligation: an
 arrangement or matter declared by an order under subsection (2)(b) to be an arrangement or matter ex- cluded from the operation of subpart 1 or 5, or subparts 1 and 5, of Part 2 (b) exclusive choice of court agreement has the meaning given to it by section 25(4) given, in relation to a judgment, includes entered, granted, or made High Court means the High Court of New Zealand initiating document means a document— (a) by which a civil proceeding is commenced in a New Zealand court or tribunal; or by reference to which a person becomes a party to a civil proceeding in a New Zealand court or tribunal judgment of a court or tribunal means a judgment, award, decree, or order of the court or tribunal, whether or not it— (a) is given in a primary proceeding or in an interlocutory proceeding; or (b) is a money judgment or a non-money judgment liable person, in relation to a judgment, means a person against whom the judgment— (a) was given; or 9 Part 1 s 4 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 is enforceable under a law of the original jurisdiction (b) money judgment means a judgment under which a sum of money is payable non-money judgment means a judgment that is not a money judgment (including, without limitation, a judgment that does not involve the payment of money but requires a person to do, or refrain from doing, other things) original court or tribunal, in relation to a judgment, means the court or tribunal that gave the judgment original jurisdiction, in relation to a judgment, means the Commonwealth of Australia, or State or Territory of Australia, as the case may be, in which the original court or tribunal is established party, in relation to a proceeding, means a plaintiff or defen- dant plaintiff, in relation to a proceeding, means the person by whom or on whose behalf the proceeding is brought procedural rules, in relation to a court or tribunal, means rules, or any other laws (other than this Act or any regulations under it),— (a)
 defining or governing the exercise of the court’s or tri- bunal’s jurisdiction; or regulating the court’s or tribunal’s practice and proced- ure (b) proceeding, in a court or tribunal, includes— (a) (b) an interlocutory proceeding in the court or tribunal; and a proceeding that relates to an application made to the court or tribunal (including an application for interim relief under subpart 3 of Part 2) proceeds of crime legislation means the following: the Proceeds of Crime Act 1987 (Aust): (a) the Proceeds of Crime Act 2002 (Aust): (b) a law of a State or Territory of Australia that is a cor- (c) responding law (within the meaning of the Proceeds of Crime Act 2002 (Aust)): any other Australian law that is specified for the purposes of this paragraph by an order under subsec- tion (2)(c): (d) 10 Reprinted as at 5 August 2013 (e) Trans-Tasman Proceedings Act 2010 Part 1 s 4 the Proceeds of Crime Act 1991, and sections 142A to 142Q of the Sentencing Act 2002: the Criminal Proceeds (Recovery) Act 2009 (f) registered, in relation to an Australian judgment, means regis- tered in a New Zealand court under section 57 registrable Australian judgment has the meaning given to it by section 54 Registrar, in relation to a court or tribunal,— (a) means a Registrar of the court or tribunal; and (b) regulatory regime criminal fine means a fine— (a) includes a Deputy Registrar of the court or tribunal for a criminal offence under a provision of Australian legislation; and that is declared by an order under section 77 to be a regulatory regime criminal fine for the purposes of sub- parts 5 and 8 of Part 2 (b) (b) an audio link; or an audiovisual link remote appearance medium means— (a) (b) remote evidence means evidence given or to be given under section 168 or 173 of the Evidence Act 2006 submissions in relation to remote evidence means— (a) submissions on whether, and if so in what way or ways, remote evidence may or must be given; and submissions on whether remote evidence is
 admitted or admissible; and (c) other submissions in relation to remote evidence superior New Zealand court means a New Zealand court that is— (a) (b) (c) Trans-Tasman Agreement means the Agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman Court Proceedings and Regulatory Enforcement done at Christchurch on 24 July 2008, the text of which is set out in Schedule 1 the Supreme Court of New Zealand; or the Court of Appeal of New Zealand; or the High Court 11 Part 1 s 5 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 working day, of a New Zealand court or tribunal in relation to a proceeding in the court or tribunal, has the same meaning— as in the court’s or tribunal’s procedural rules; or (a) if those rules do not define the term, as in section 29 of (b) the Interpretation Act 1999.
The Governor-General may, by Order in Council,— (a) specify other kinds of relief the seeking of which in a proceeding in the Federal Court of Australia makes it an Australian trans-Tasman market proceeding for the purposes of this Act and under paragraph (b) of the def- inition of that term in subsection (1): declare an arrangement or matter to be excluded from the operation of subpart 1 or 5, or subparts 1 and 5, of Part 2 for the purposes of paragraph (d) of the definition of excluded matter in subsection (1): specify any other Australian law for the purposes of paragraph (d) of the definition of proceeds of crime le- gislation in subsection (1).
(b) (c) References to repealed Australian enactments A reference in, or in any regulations made under, this Act to a repealed Australian enactment is a reference to an Australian enactment that, with or without modification, replaces, or that corresponds to, the Australian enactment repealed.
Compare: 1999 No 85 s 22(2) Trans-Tasman market proceedings provisions not affected Nothing in this Act limits or affects Part 1A of the Judicature Act 1908 (operating in conjunction with Part 8 of the Aus- tralian Act).

Act binds the Crown This Act binds the Crown.


Regulations The Governor-General may, by Order in Council, make regu- lations— (2) 5 6 7 8 (1) 12 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 11 (a) (b) forms, notices, and other prescribing applications, documents for the purposes of this Act, and requiring their use: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
Every Order in Council under any other provision of this Act is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 8(2): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).
Procedural rules Rules may be made, under any powers given by any Act to make procedural rules of a court or tribunal, prescribing any- thing that is required to be prescribed or necessary for carrying this Act into effect.

Subsection (1) does not limit any of those powers.

Amendments to, and revocations of, other enactments The enactments listed in Parts 1 and 2 of Schedule 2 are amended in the manner specified in those Parts.

The orders listed in Part 3 of Schedule 2 are revoked.
Part 2 Trans-Tasman proceedings Subpart 1—Service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals Guide to this subpart This subpart is about serving defendants in Australia with initi- ating documents for certain civil proceedings in New Zealand courts or tribunals.

This subpart allows defendants to be served with the initiating document in Australia and provides for how that service must be done.
13 (2) 9 (1) (2) 10 (1) (2) 11 (1) (2) Part 2 s 12 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (3) Defendants must be given certain information when served with the initiating document.

The New Zealand court or tri- bunal may set aside the proceeding or any step taken in it if defendants are not given that information.
(4) Defendants must file an appearance or response document in the New Zealand court or tribunal within a particular period after being served with the initiating document in Australia.

In the appearance or response document defendants must state an address for service in New Zealand or Australia for the proceeding.
12 (1) Application of this subpart This subpart applies to a civil proceeding commenced after the commencement of this subpart, or a civil proceeding com- menced before that commencement but only if, and insofar as, the initiating documents for the proceeding have not been served before that commencement, and that is— (a) a civil proceeding commenced in a New Zealand court; or a civil proceeding commenced in a New Zealand tri- bunal, but only if— (i) (b) the tribunal’s procedural rules permit an initiat- ing document relating to the proceeding to be served outside New Zealand; and the tribunal is declared by an order under subsec- tion (3)(a) to be a tribunal to which this subpart applies.
(2) However, this subpart does not apply to— (ii) (a) (c) (b) a civil proceeding that relates wholly or partly to an excluded matter; or a civil proceeding that relates wholly or partly to an action in rem; or a civil proceeding in a New Zealand tribunal declared by an order under subsection (3)(b) to be a proceeding to which this subpart does not apply.
The Governor-General may, by Order in Council,— (a) declare a New Zealand tribunal to be a tribunal to which this subpart applies: (3) 14 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 15 (b) declare a civil proceeding in a New Zealand tribunal to be a proceeding to which this subpart does not apply.
(4) An order under subsection (3)(a) must not declare a tribunal to be one to which this subpart applies unless, when the order is made, the tribunal is prescribed for the purposes of sec- tion 66(1)(b)(i) (which relates to enforcement in Australia of New Zealand judgments) of the Australian Act.

Compare: 1908 No 89 Schedule 2 r 25.8(4), (5) Service of initiating documents in Australia 13 (1) An initiating document for the proceeding may be served in Australia under this subpart.
(3) (2) However, the initiating document must be served in Australia in the same way that the document is required or permitted, under the procedural rules of the New Zealand court or tri- bunal, to be served in New Zealand.

By way of explanation, it is not necessary for the New Zealand court or tribunal— (a) to give leave to serve the initiating document in Aus- tralia; or to be satisfied that there is a connection between the proceeding and New Zealand.
Compare: 1908 No 89 Schedule 2 rr 6.27, 6.28 (b) 14 Effect of service under section 13 Service in Australia under section 13 of an initiating document has the same effect (for example, it gives rise to the same pro- ceeding, or status as a party to a proceeding) as if the initiating document had been served in New Zealand.
15 Information for defendant that must be in or with documents served under section 13 (1) An initiating document served in Australia under section 13 must contain or be accompanied by the prescribed information for the defendant.
The prescribed information for the defendant must be or in- clude general information about— (2) 15 Part 2 s 16 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (a) (b) steps that the defendant must or may take in relation to the proceeding; and consequences of the document being served on the de- fendant in Australia under section 13.

The Governor-General may, by Order in Council, make regu- lations prescribing information for the defendant for the pur- poses of, and under, this section.
Consequences of failing to provide information Failure to comply with section 15(1) does not invalidate— (a) (b) the proceeding; or any step taken in, or in respect of, the proceeding.
(3) 16 (1) (2) However, the commencement New Zealand court or tribunal may, on an application by the defendant under subsection (3), make an order setting aside (wholly or in part, and on any terms as to costs or otherwise that it considers appropriate)— (a) (b) The defendant’s application can only be made— (a) the proceeding; or any step taken in, or in respect of, the proceeding.
within a reasonable time after the defendant becomes aware of the failure; and before the defendant has taken any fresh step after the defendant becomes aware of the failure.
(b) (3) Compare: 1908 No 89 Schedule 2 r 1.5 Time for filing appearance or response document 17 (1) A defendant who is served with an initiating document in Aus- tralia under section 13 and who wishes to file an appearance or response document must do so— (a) within the period (the default period) that is the longer of the following periods: (i) 30 working days of the commencement New Zealand court or tribunal after the day on which the initiating document was served on the defen- dant: the period within which the procedural rules of the commencement New Zealand court or tri- bunal would have required or permitted the de- fendant to file an appearance or response docu- (ii) 16 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 19 (b) ment if the initiating document had been served in New Zealand; or if, before or after the end of the default period, the plaintiff or defendant applies to the commencement New Zealand court or tribunal for a shorter or longer period—within any shorter or longer period the court or tribunal considers appropriate.
(2) Appearance or response document means a document that— (a) (b) (c) a defendant who has been served under section 13 with an initiating document files in the commencement New Zealand court or tribunal in response to the initiating document; and states an address for service in New Zealand or Aus- tralia; and either— (i) complies with all requirements (other than re- quirements that are overridden by the time for filing and addresses for service permitted by this section) with which the document must comply under the procedural rules of the commencement New Zealand court or tribunal; or the commencement New Zealand court or tri- bunal determines to be acceptable despite any non-compliance with such requirements.
(ii) 18 (1) (2) 19 (1) Defendant’s address for service The address for service stated by the defendant in the appear- ance or response document for a proceeding is to be treated as the defendant’s address for service for the proceeding.

That address may be changed, to an address in New Zealand or Australia, under the procedural rules of the commencement New Zealand court or tribunal.
Defendant may appear remotely in hearing of application for stay This section applies to a defendant who— 17 Part 2 s 20 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (a) (b) was served, or purportedly served, in Australia under section 13 with an initiating document for a proceeding; and applies under section 22 to a New Zealand court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.
(2) Under section 23(4) the defendant, the defendant’s counsel, or both may, despite section 38 (but subject to the rest of sub- part 4), appear remotely in the hearing by the New Zealand court of the application for a stay of the proceeding if— (a) the defendant makes to the court under section 23(4)(c) a request to appear remotely in the hearing; and a remote appearance medium is, or can reasonably be made, available.

(b) (3) This section is by way of explanation only.

It does not affect section 23(4).


Security for costs 20 (1) A commencement New Zealand court or tribunal that consid- ers it appropriate in all the circumstances to do so may, on an application by a defendant served, or purportedly served, under section 13, order the giving of security for costs.
(2) An order under subsection (1)— (a) requires the plaintiff or plaintiffs against whom the order is made to give security for costs as directed for a sum that the New Zealand court or tribunal considers sufficient— (i) by paying that sum into the New Zealand court’s or tribunal’s registry; or by giving, to the satisfaction of the New Zealand court or tribunal or the Registrar, security for that sum; and (ii) (b) may stay the proceeding until the sum is paid or the security is given.
The New Zealand court or tribunal may make an order under subsection (1) even if the defendant has taken a step in the proceeding before applying for security.

(3) 18 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 22 (4) A plaintiff’s solicitor must not be accepted as surety for a se- curity that the plaintiff is required to give under subsection (1).
Compare: 1908 No 89 Schedule 2 rr 5.45, 5.46 21 (1) (2) (3) Subpart 2—New Zealand courts declining jurisdiction on grounds that Australian court is more appropriate forum Guide to this subpart This subpart is about when a New Zealand court may stay a proceeding on the grounds that an Australian court is the more appropriate court to determine the matters in issue.

The New Zealand court may only stay the proceeding if the defendant applies for the proceeding to be stayed.
The defen- dant must make the application within 30 working days after being served with the initiating document for the proceeding, or such shorter or longer period that the court considers appro- priate.

The New Zealand court may only stay the proceeding if it is satisfied that an Australian court has jurisdiction to determine the matters in issue and that it is the more appropriate court to determine those matters.
In determining whether the Aus- tralian court is the more appropriate court, the New Zealand court must take certain matters into account.

They are set out in section 24(2).

(4) However, if the parties have made an exclusive choice of court agreement that designates either an Australian court or a New Zealand court as the court to determine the matters in issue, the New Zealand court’s order as to whether or not to stay the proceeding must be consistent with that agreement (see sec- tion 25).
22 Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum (1) A defendant in a civil proceeding commenced in a New Zealand court may apply to the court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.
19 Part 2 s 23 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (2) (3) The proceeding may be one commenced in the New Zealand court before the commencement of this subpart, but only if an initiating document for it was served on the defendant in Australia under subpart 1.
The application must be made— (a) within 30 working days of the New Zealand court after the day on which the defendant was served with the initiating document for the proceeding; or if, before or after the end of the period in paragraph (a), the plaintiff or defendant applies to the New Zealand court for a shorter or longer period—within any shorter or longer period the New Zealand court considers ap- propriate.
(b) Compare: Service and Execution of Process Act 1992 s 20(2) (Aust) 23 (1) Hearing on, or other determination of, application The New Zealand court may determine the defendant’s appli- cation under section 22 without a hearing.
(2) However, the New Zealand court must determine the defen- dant’s application under section 22 with a hearing if any of the following requests it to do so: the plaintiff; and (a) the defendant; and (b) any other person who is required or permitted, by regu- (c) lations under subsection (5)(a), to be served with the defendant’s application.
The request must be made— (a) (b) within 10 working days of the New Zealand court after the day the defendant made the application; or if, before or after the end of the period in paragraph (a), a person referred to in subsection (2) applies to the New Zealand court for a shorter or longer period—within any shorter or longer period the New Zealand court consid- ers appropriate.
The defendant, the defendant’s counsel, or both may, despite section 38 (but subject to the rest of subpart 4), appear re- motely in the hearing if— (3) (4) 20 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 24 (a) (b) (c) (d) the defendant was served, or purportedly served, in Australia under section 13 with an initiating document for a proceeding; and the New Zealand court is determining with a hearing the defendant’s application under section 22 for an order to stay the proceeding; and the defendant has made to the New Zealand court within the period (if any) prescribed for the purposes of this paragraph by regulations under subsection (5)(b) a re- quest to appear remotely in the hearing; and a remote appearance medium is, or can reasonably be made, available.
(5) The Governor-General may, by Order in Council, make regu- lations— (a) requiring or permitting the defendant’s application under section 22 for a stay to be served on people other than the plaintiff and the defendant: prescribing a period for the purposes of subsection (4)(c).
(b) Compare: Service and Execution of Process Act 1992 s 20(6), (7) (Aust) (2) Order of stay of proceeding 24 (1) On an application under section 22, the New Zealand court may, by order, stay the proceeding if it is satisfied that an Aus- tralian court— (a) has jurisdiction to determine the matters in issue be- tween the parties to the proceeding; and (b) is the more appropriate court to determine those matters.
In determining whether an Australian court is the more appro- priate court to determine the matters in issue between the par- ties to the proceeding, the New Zealand court must not take into account the fact that the proceeding was commenced in New Zealand, but must take into account the following mat- ters: (a) the places of residence of the parties or, if a party is not an individual, its principal place of business: the places of residence of the witnesses likely to be called in the proceeding: (b) 21 Part 2 s 25 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (c) (d) (e) (f) (g) (h) the place where the subject matter of the proceeding is situated: any agreement between the parties about the court or place in which those matters should be determined or the proceeding should be instituted (other than an exclu- sive choice of court agreement to which section 25(1) applies): the law that it would be most appropriate to apply in the proceeding: whether a related or similar proceeding has been com- menced against the defendant or another person in a court in Australia: the financial circumstances of the parties, so far as the New Zealand court is aware of them: any other matters that the New Zealand court considers relevant.
Compare: Service and Execution of Process Act 1992 s 20(3), (4) (Aust) Exclusive choice of court agreements 25 (1) On an application under section 22 (and despite section 24) the New Zealand court— (a) must, by order, stay the proceeding, if satisfied that an exclusive choice of court agreement designates an Aus- tralian court as the court to determine the matters in issue between the parties to the proceeding; and (b) must not, by order, stay the proceeding, if satisfied that an exclusive choice of court agreement designates a New Zealand court as the court to determine those mat- ters.
(2) However, subsection (1)(a) does not apply to an exclusive choice of court agreement if the New Zealand court is satis- fied that— (a) it is null and void under the law (including, without limitation, the rules of private international law) of Aus- tralia; or under New Zealand law, a party to it lacked the capacity to conclude it; or (b) 22 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 27 (e) (c) (d) giving effect to it would lead to a manifest injustice or would be manifestly contrary to New Zealand public policy; or for exceptional reasons beyond the control of the parties to it, it cannot reasonably be performed; or the court designated by it as the court to determine the matters in issue between the parties to the proceeding has decided not to determine those matters.
(3) However, subsection (1)(b) does not apply to an exclusive choice of court agreement if the New Zealand court is satisfied that it is null and void under the law (including, without limi- tation, the rules of private international law) of New Zealand.
Exclusive choice of court agreement, in relation to matters in issue between parties to a proceeding, means a written agree- ment between those parties that— (a) (4) designates the courts, or a specified court or courts, of a specified country, to the exclusion of any other courts, as the court or courts to determine disputes between those parties that are or include those matters; and is not an agreement the parties to which are or include 1 or more individuals acting primarily for personal, family, or household purposes; and is not a contract of employment (including, without limitation, a collective agreement).
(b) (c) 26 Power to make stay subject to conditions An order under section 24 or 25 may be made subject to any conditions the New Zealand court considers are appropriate in order to facilitate, without delay or undue expense, the de- termination of the matters in issue between the parties to the proceeding.
Compare: 1908 No 89 Schedule 2 r 15.1(3); Service and Execution of Process Act 1992 s 20(5) (Aust) 27 How this subpart affects New Zealand court’s powers to stay proceedings (1) A New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in accordance with this subpart.
23 Part 2 s 28 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (2) However, this subpart does not affect any power of the New Zealand court to stay the proceeding on any other grounds.

Compare: Service and Execution of Process Act 1992 s 20(9) (Aust) No restraint of proceedings 28 (1) A New Zealand court must not restrain a person from com- mencing a civil proceeding in an Australian court on the grounds that the Australian court is not the appropriate forum for the proceeding.
(2) Also, a New Zealand court must not restrain a party to a civil proceeding before an Australian court from taking a step in that proceeding on the grounds that the Australian court is not the appropriate forum for the proceeding.
Compare: Service and Execution of Process Act 1992 s 21 (Aust) 29 (1) Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts This section applies if— (a) a claim is made in a proceeding commenced in an Aus- tralian court (the Australian proceeding) that is later stayed by an order of the Australian Court made under the Australian Act on the grounds that a New Zealand court is the more appropriate court to determine the mat- ters in issue between the parties to the proceeding; and the claim is to be made again in a proceeding com- menced in a New Zealand court (the New Zealand pro- ceeding) after the staying of (and, if applicable, before any deadline stated in the condition of that order stay- ing) the Australian proceeding.
(b) (2) For the purposes of every applicable limitation period or de- fence under New Zealand law, the New Zealand proceeding is to be treated as commencing at the time the Australian pro- ceeding commenced.
24 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 31 Subpart 3—New Zealand courts giving interim relief in support of civil proceedings in Australian courts 30 (1) (2) (3) Guide to this subpart This subpart provides for certain New Zealand courts to give interim relief in support of civil proceedings in Australian courts.

For the New Zealand court to give interim relief, a party to the Australian proceeding must apply for it.
The New Zealand court may give interim relief if it considers it appropriate and, if a similar proceeding had been commenced in the New Zealand court, it would have given interim relief in that similar proceeding.
31 Application to New Zealand court for interim relief in support of Australian proceeding (1) A party or intended party to a civil proceeding commenced or to be commenced in an Australian court after the commence- ment of this subpart may apply to the following New Zealand courts for interim relief (other than excluded interim relief) in support of the Australian proceeding: (a) (b) the High Court: a New Zealand court (other than the High Court) de- clared by an order under subsection (3) to be a court to which this paragraph applies.
(2) (3) Interim relief is excluded interim relief if it is all or any of the following: (a) (b) (c) (d) an interim payment: discovery: a warrant of arrest of property: any action, assistance, order, or other relief under sub- part 1 or 2 of Part 4 of the Evidence Act 2006.

The Governor-General may, by Order in Council, declare a New Zealand court (other than the High Court) to be a court to which subsection (1)(b) applies.
25 Part 2 s 32 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 32 Giving of interim relief in support of Australian proceeding (1) On an application under section 31(1), the New Zealand court may give interim relief (other than excluded interim relief) in support of the Australian proceeding if— (a) the court considers it appropriate to give the interim relief in support of the Australian proceeding; and the court, if a proceeding similar to the Australian pro- ceeding had been commenced in the court,— (i) would have had power to give the interim relief in the similar proceeding; and (b) (ii) would have given the interim relief in the similar proceeding.
This subpart does not affect the court’s procedural rules, or any other New Zealand laws, under which the court may give interim relief in support of the Australian proceeding.

Compare: 1908 No 89 Schedule 2 r 7.81 Application of New Zealand court procedural rules to interim relief proceeding The procedural rules of the New Zealand court apply to the proceeding for interim relief under section 31(1) as if the Aus- tralian proceeding were a similar proceeding commenced in the New Zealand court.
Subpart 4—Remote appearances unrelated to remote evidence Introduction Guide to this subpart This subpart is about people appearing remotely from Aus- tralia in New Zealand civil proceedings, and people appearing remotely from New Zealand in Australian civil proceedings.

However, this subpart applies only to remote appearances un- related to remote evidence in those proceedings.
Trans-Tas- man remote appearances related to remote evidence in civil or criminal proceedings are governed by subpart 1 of Part 4 of the Evidence Act 2006 (operating in conjunction with the Australian Act).
(2) 33 34 (1) 26 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 35 (2) (3) 35 (1) (2) Sections 38 to 43 are about remote appearances from Aus- tralia— (a) in a civil proceeding in a New Zealand court or a pre- scribed New Zealand tribunal; and by a party or a party’s lawyer; and (b) (c) not related to remote evidence in the proceeding.
Sections 44 to 51 are about remote appearances from New Zealand in a civil proceeding in an Australian court or tribunal, where those remote appearances are made in accordance with the Australian Act and are not related to remote evidence in the proceeding.
Sections 44 to 51— (a) allow the Australian court or tribunal to exercise certain powers in New Zealand for the purpose of the remote appearances; and give certain privileges, protections, and immunities to participants in the remote appearances; and specify offences that apply for particular conduct en- gaged in (for example, obstructing the proceeding) at the place in New Zealand from where the remote ap- pearances are being made.
(b) (c) How subpart relates to other Acts Evidence Act 2006 trans-Tasman evidence regime governs remote appearances related to remote evidence This subpart applies only to a remote appearance by or on be- half of a party to a civil proceeding, and that is a remote ap- pearance to do things other than all or any of the following: give evidence: (a) (b) examine a person giving remote evidence: (c) make submissions in relation to remote evidence.
This subpart therefore does not affect, but complements, sub- part 1 of Part 4 of the Evidence Act 2006 (operating in con- junction with the Australian Act) and, in particular, the follow- ing sections of the Evidence Act 2006: (a) sections 168 to 172 of that Act (which enable a New Zealand court, as defined in section 150 of that Act, and in any proceeding before it, to receive remote evidence, and examination and submissions in relation to remote 27 Part 2 s 36 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (b) evidence, by audio link or audiovisual link from Aus- tralia); and sections 173 to 180 of that Act (which enable an Aus- tralian court, as defined in section 150 of that Act, and in any proceeding before it, to take remote evidence, and receive examination and submissions in relation to remote evidence, by audio link or audiovisual link from New Zealand).
Courts (Remote Participation) Act 2010 does not apply to appearances under this subpart Nothing in the Courts (Remote Participation) Act 2010 applies to any remote appearance in accordance with section 23(4) or sections 37 to 43 or 44 to 51.
Compare: 2006 No 69 s 153A Remote appearances from Australia in New Zealand proceedings Application of sections 38 to 43 Sections 38 to 43 apply only to a civil proceeding commenced before or after the commencement of this subpart in— (a) (b) a New Zealand court; or a New Zealand tribunal declared by an order under sub- section (3) to be a tribunal to which sections 38 to 43 apply.
By way of explanation, the proceeding may, but need not, re- late to enforcement of a judgment registered under subpart 5, or may, but need not, be a proceeding in respect of an applica- tion— (a) made by a defendant served or purportedly served in Australia under section 13 with an initiating document for a proceeding; and for an order under subpart 2 staying the proceeding; and to be determined with a hearing in which the defendant is, under section 23(4), to appear remotely from Aus- tralia.
(b) (c) 36 37 (1) (2) 28 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 38 (3) 38 (1) (2) (3) The Governor-General may, by Order in Council, declare a New Zealand tribunal to be a tribunal to which sections 38 to 43 apply.
New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings The New Zealand court or tribunal may, on an application for the purpose, give a party to the proceeding, the party’s counsel, or both leave to appear remotely in 1 or more hearings in or related to the proceeding using— (a) the remote appearance medium specified by the court or tribunal; or if the court or tribunal does not specify a remote appear- ance medium, either remote appearance medium.
The court or tribunal must not give leave to the party or the party’s counsel unless it is satisfied that— (a) (b) the party or the party’s counsel can more conveniently participate in the hearing from Australia; and if the court or tribunal intends to specify a remote ap- pearance medium—that remote appearance medium is, or can reasonably be made, available; and if the court or tribunal does not intend to specify a remote appearance medium—both remote appearance mediums are, or can reasonably be made, available; and it is appropriate to give the leave.
(d) If the party’s counsel is not entitled to appear before the court or tribunal, the court or tribunal must not give leave to the party’s counsel unless satisfied that— (a) the party ordinarily resides or, if the party is not an in- dividual, has its principal place of business, in a State or Territory of Australia; and the counsel is entitled to practise as a barrister, a solici- tor, or both in the Supreme Court of a State or Territory of Australia.
(b) (b) (c) (4) If the party’s counsel is entitled to practise as a barrister, a solicitor, or both in the Supreme Court of a State or Territory of Australia, and is given leave under subsection (3),— 29 Part 2 s 39 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (a) (b) the party’s counsel is entitled to practise as a barrister, a solicitor, or both in relation to the remote appearances to which the leave relates; and each of those appearances is for the purposes of section 27(1)(b)(i) of the Lawyers and Conveyancers Act 2006 an appearance allowed by this Act.
39 (1) Appearing remotely without leave in hearing of application for stay This section applies to a defendant who— (a) (b) was served, or purportedly served, in Australia under section 13 with an initiating document for a proceeding; and applies under section 22 to a New Zealand court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.
(2) Under section 23(4) the defendant, the defendant’s counsel, or both may, despite section 38 (but subject to the rest of this subpart), appear remotely in the hearing by the New Zealand court of the application for a stay of the proceeding if— (a) the defendant makes to the court under section 23(4)(c) a request to appear remotely in the hearing; and a remote appearance medium is, or can reasonably be made, available.

(b) This section is by way of explanation only.

It does not affect section 23(4).
Remote appearances from Australia by audiovisual link A person must not appear remotely from Australia by audiovi- sual link unless the courtroom or other place in New Zealand where the court or tribunal is sitting (the New Zealand place) and the place in Australia where the remote appearance would be made (the Australian place) are equipped with facilities that enable— (a) people who are at the New Zealand place to see and hear the person appearing remotely from the Australian place; and (3) 40 30 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 43 (b) people who are at the Australian place to see and hear people at the New Zealand place.
Compare: 1908 No 89 Schedule 2 r 10.25; 2006 No 69 s 170 41 Remote appearances from Australia by audio link A person must not appear remotely from Australia by audio link unless the courtroom or other place in New Zealand where the court or tribunal is sitting (the New Zealand place) and the place in Australia where the remote appearance would be made (the Australian place) are equipped with facilities that enable— (a) people who are at the New Zealand place to hear the person appearing remotely from the Australian place; and people who are at the Australian place to hear people at the New Zealand place.
(b) Compare: 2006 No 69 s 171 Costs of remote appearances from Australia 42 (1) Unless the New Zealand court or tribunal otherwise orders, the costs involved in the party, the party’s counsel, or both par- ticipating in hearings by using a remote appearance medium, under section 23(4) or, as the case requires, under leave given under section 38, must be paid by the defendant who made under section 23(4)(c) a request to appear remotely or, as the case requires, the applicant for that leave.
The New Zealand court or tribunal may make an order speci- fying the amount payable by a party under subsection (1), and requiring the party to pay that amount.

(2) (3) An order made under subsection (2) by a tribunal that does not have the power to enforce its orders— (a) may be filed in a District Court; and (b) when so filed, is enforceable as a judgment of that Dis- trict Court.
43 Powers of New Zealand court or tribunal in Australia For the purposes of a remote appearance from Australia under section 23(4) or leave given under section 38, the New Zealand 31 Part 2 s 44 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 court or tribunal may exercise in Australia all its powers that it is permitted to exercise in Australia under Australian law.
Remote appearances from New Zealand in Australian proceedings 44 People in New Zealand appearing remotely in Australian proceedings (1) A remote appearance from New Zealand in a proceeding in an Australian court or tribunal is authorised if it is in accordance with the Australian Act.
(2) However, a defendant on whom an initiating document has been served in New Zealand under the Australian Act and the defendant’s counsel may, without leave, appear remotely in any hearing before that court of the defendant’s application under that Act for a stay of proceedings if— (a) they request to do so under section 18(4)(b) of that Act; and a remote appearance medium is, or can reasonably be made, available.
(b) Powers of Australian courts or tribunals in New Zealand For the purposes of a remote appearance by a person in New Zealand under section 44, an Australian court or tribunal may exercise in New Zealand any of its powers, except its powers to— (a) (b) The Australian law that applies to the proceeding in Australia also applies, subject to subsection (1), to the practice and pro- cedure of the Australian court or tribunal in relation to a remote appearance by a person in New Zealand under section 44. punish for contempt; and enforce or execute its judgments or process.
Orders of Australian courts and tribunals The Australian court or tribunal may, by order,— (a) direct that the hearing or any part of the hearing be held in private; or require any person to leave the place in New Zealand from which the appearance is being or is to be made; or (b) 45 (1) (2) 46 (1) 32 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 49 (c) prohibit or restrict the publication of submissions or the name of any party or of any witness.
(2) This section does not limit section 45.

Enforcement of orders of Australian courts and tribunals 47 (1) An order under section 46— (2) 48 (a) must be complied with; and (b) may be enforced by a Judge of the High Court.

The Judge of the High Court has and may exercise the powers, including the power to punish for contempt, that would have been available to enforce the order if it had been made by that Judge.
Place from which remote appearance made part of Australian court or tribunal For the purposes of sections 45 and 46, the place in New Zealand from which a remote appearance is made in a hear- ing in or related to a proceeding before an Australian court or tribunal is deemed to be part of that court or tribunal.
49 Privileges, protections, and immunities of participants in Australian proceedings (1) A Judge, Associate Judge, Magistrate, or Master of an Aus- tralian court or member of an Australian tribunal has, in rela- tion to a remote appearance by a person in New Zealand under section 44, all the privileges, protections, and immunities of a Judge of the High Court.
(2) A person in New Zealand appearing remotely under section 44 as a barrister, a solicitor, or both has, in relation to the remote appearance, all the privileges and immunities of counsel in the High Court.

(3) A person in New Zealand appearing remotely under section 44 as a party has, in relation to the remote appearance, all the privileges and immunities of a party in a proceeding in the High Court.
Compare: 1908 No 89 s 26IB(2)(b); 2006 No 69 s 177 33 Part 2 s 50 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Contempt of Australian courts or tribunals 50 (1) A person commits an offence if the person— (a) (b) is at a place in New Zealand from which a remote ap- pearance is made in a hearing in or related to a proceed- ing before an Australian court or tribunal; and assaults— (i) (ii) a party to the proceeding; or a person appearing as a barrister, a solicitor, or both in the proceeding; or an officer of a New Zealand court or tribunal giv- ing assistance under section 51.
(2) A person commits an offence if the person— (iii) (a) (b) is at a place in New Zealand from which a remote ap- pearance is made in a hearing in or related to a proceed- ing before an Australian court or tribunal; and threatens, intimidates, or wilfully insults— (i) a Judge, Associate Judge, Magistrate, or Master of the Australian court or member of the Aus- tralian tribunal taking part in the proceeding; or a Registrar or officer of the Australian court or tribunal taking part in, or assisting with, the pro- ceeding; or a party to the proceeding; or a person appearing as a barrister, a solicitor, or both in the proceeding; or a witness in the proceeding.
(ii) (iii) (iv) (v) (3) A person commits an offence if the person— (a) is at a place in New Zealand from which a remote ap- pearance is made in a hearing in or related to a proceed- ing before an Australian court or tribunal; and (b) wilfully interrupts or obstructs the proceeding.
(4) A person commits an offence if the person— (a) is at a place in New Zealand from which a remote ap- pearance is made in a hearing in or related to a proceed- ing before an Australian court or tribunal; and (b) wilfully and without lawful excuse disobeys any order or direction of the Australian court or tribunal in the course of the proceeding.
34 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 52 (5) 51 Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $1,000, or to both.

Compare: 1908 No 89 s 56C; 1947 No 16 s 112; 2003 No 53 s 35; 2006 No 69 s 179 Section 50(5): amended, on 1 July 2013, by section 413 of the Criminal Pro- cedure Act 2011 (2011 No 81).
Assistance to Australian courts and tribunals An officer of a New Zealand court or tribunal may, at the re- quest of an Australian court or tribunal,— (a) attend at the place in New Zealand from which a remote appearance is made in a hearing in or related to a pro- ceeding before the Australian court or tribunal; and take any action that the Australian court or tribunal di- rects to facilitate the proceeding.
(b) Subpart 5—Recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals 52 (1) (2) Guide to this subpart This subpart is about the enforcement in New Zealand of spe- cified judgments of Australian courts and tribunals.

To be enforceable, the judgment has to be registered in a New Zealand court.

To be registered, the judgment must be a regis- trable Australian judgment (which is defined in section 54) and an application for its registration must be made.
(3) Once registered in a New Zealand court, the judgment has the same force, and may be enforced in the New Zealand court, as if the judgment had been given by the New Zealand court.
There are some exceptions to this—see, for example, the fol- lowing sections: (a) section 63(2) (which provides that the judgment cannot be enforced during a particular period if notice of the registration has not been given to each liable person); and section 64 (which provides that the judgment cannot be enforced if the judgment could not be enforced in Australia); and (b) 35 Part 2 s 53 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (c) section 65 (which provides grounds for when the New Zealand court may stay a proceeding to enforce the judgment).
53 When registrable Australian judgments are enforceable in New Zealand (1) A registrable Australian judgment cannot be enforced in New Zealand if it is not registered in a New Zealand court under section 57.
By way of explanation, the judgment therefore cannot be en- forced by way of— (a) (2) a registration or other enforcement process under Part 1 of the Reciprocal Enforcement of Judgments Act 1934, section 56 of the Judicature Act 1908, or any other en- actment in force in New Zealand; or any common law, or other non-legislative, action or claim to enforce the judgment.
Registrable Australian judgment defined 54 (1) A judgment is a registrable Australian judgment if— the judgment is a final and conclusive judgment that is given in a civil proceeding by an Australian court; or both of the following are satisfied: (i) the judgment is a final and conclusive judgment that is given in a civil proceeding by an Aus- tralian tribunal declared under section 55(1)(a) to be a tribunal to which this subpart applies; and the judgment is an order declared under sec- tion 55(1)(b) to be an order to which this subpart applies; or (ii) both of the following are satisfied: (i) the judgment is a final and conclusive judgment that is given in a criminal proceeding by an Aus- tralian court; and the judgment is a requirement to pay an injured party a sum of money by way of compensation, damages, or reparation; or (ii) (b) (a) (b) (c) (d) both of the following are satisfied: 36 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 54 (i) (ii) the judgment is a final and conclusive judgment that is given in a civil proceeding or a criminal proceeding by an Australian court; and the judgment is an order made under the Aus- tralian Act by an Australian court (as defined in section 150 of the Evidence Act 2006) for the payment of expenses (as so defined)— (A) (B) incurred by a witness (as so defined) in complying with an Australian subpoena (as so defined) served on the witness in New Zealand; or incurred by a person in connection with the taking of remote evidence, or the receipt of examination or submissions (as so de- fined) in relation to remote evidence, from New Zealand by audio link or audiovisual link, as the case may be; or the judgment is a final and conclusive judgment that is registered in an Australian court under the Foreign Judgments Act 1991 (Aust).
(e) (2) However, a judgment is not a registrable Australian judg- ment by virtue of subsection (1) if it wholly or partly— (a) (b) relates to an excluded matter; or is a non-money judgment of a kind that is declared by an order under subsection (3) to be excluded from recog- nition or enforcement under this subpart; or is a judgment (other than one imposing a civil pecuniary penalty) given in an Australian trans-Tasman market proceeding (but a judgment of that kind is a registrable Australian judgment for the purposes of this subpart by virtue of subpart 6); or is a judgment (including one given in an Australian trans-Tasman market proceeding) imposing a civil pe- cuniary penalty (but a judgment of that kind is a regis- trable Australian judgment for the purposes of this sub- part by virtue of subpart 7); or is an order under proceeds of crime legislation; or (c) (d) (e) 37 Part 2 s 55 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (f) (g) (h) (i) (j) (k) is an order relating to the granting of probate or letters of administration or the administration of the estate of a deceased person; or is an order relating to the guardianship or care of a per- son who is incapable of managing his or her personal affairs; or is an order relating to the management of the property of a person who is incapable of managing that property; or is an order relating to the care, control, or welfare of a child; or is an order that, if contravened by a person to whom it is directed, will make the person liable to conviction for an offence in the place where it was made; or is a judgment given before the commencement of this subpart (even if the judgment is, at any time, registered in an Australian court under the Foreign Judgments Act 1991 (Aust)).
For the purposes of subsection (2)(b), the Governor-General may, by Order in Council, declare a kind of non-money judg- ment to be excluded from recognition and enforcement under this subpart.

For the purposes of subsection (1), a judgment must be treated as final and conclusive even if— (a) (b) a person may appeal against it in an Australian court; or an appeal against it in an Australian court has not been finally determined.
Orders applying subpart to Australian tribunals and their orders The Governor-General may, by Order in Council,— (a) declare any tribunal of a State or a Territory of Australia to be a tribunal to which this subpart applies: declare all orders, or 1 or more specified classes or kinds of orders, of an Australian tribunal declared to be a tri- bunal to which this subpart applies to be orders to which this subpart applies.
(b) (3) (4) 55 (1) 38 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 56 (2) Orders of an Australian tribunal must not be declared under subsection (1)(b) to be orders to which this subpart applies unless those orders are— (a) made by the Australian tribunal in or in connection with the performance of an adjudicative function; and enforceable (with or without being filed or registered in a court) without an order of a court.
(b) Application to register Australian judgment 56 (1) An entitled person may apply to the Registrar of a New Zealand court to register in that court an Australian judgment if that court is— (a) (b) the High Court; or a New Zealand court that is not a superior New Zealand court but that has power to give the relief that is in the judgment.
(2) The application must be— (a) made in the form (if any) prescribed by regulations under subsection (3); and (b) made in accordance with the requirements (if any) pre- scribed by regulations under subsection (3); and (c) made— (i) (ii) (iii) within 6 years after the day on which the judg- ment is given; or if there have been proceedings by way of appeal against the judgment—within 6 years after the day of the last judgment in those proceedings; or if, before or after the period in subparagraph (i) or (ii), the entitled person applies to the New Zealand court for a longer period—within any longer period the New Zealand court considers appropriate.
(3) (4) The Governor-General may, by Order in Council, make regu- lations prescribing the form of, and requirements for, an appli- cation under this section.

Requirements prescribed under subsection (3) may be or in- clude requirements that specified documents be lodged or filed in a specified way, and with, or within a specified time after the lodging or filing of, the application.
39 Part 2 s 57 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (5) Subsection (4) does not limit subsection (3).

Registration of registrable Australian judgments 57 (1) A Registrar of a New Zealand court must, on application under section 56, register in that court under this subpart a registrable Australian judgment.

(2) Once registered, the judgment remains registered unless the registration is set aside under section 61.
58 (1) Currency If a sum of money payable under a registrable Australian judg- ment is expressed in a currency other than New Zealand cur- rency, the judgment must be registered in the New Zealand court under section 57,— (a) if an entitled person has requested in the application for registration that the judgment be registered in a particu- lar currency, in that currency; and in any other case, as if it were for an equivalent amount in New Zealand currency, calculated using the rate of exchange on the working day (the conversion day) be- fore the day on which the entitled person made the ap- plication for registration.
(b) (2) Working day, in subsection (1)(b), has the same meaning as (3) (4) (5) in section 29 of the Interpretation Act 1999.

The rate of exchange on the conversion day is that determined in the prescribed manner.

The Governor-General may, by Order in Council, make regu- lations prescribing the manner of determining the rate of ex- change on the conversion day.

This section is subject to section 59 (money judgments partly satisfied).
59 Money judgments partly satisfied when entitled person applies for registration A money judgment that has been partly satisfied at the time at which an entitled person applies for registration of that judg- ment may be registered under section 57 only in respect of the balance remaining payable under that judgment at that time.
40 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 61 60 (1) (2) 61 (1) (2) Judgments only some provisions of which are registrable This section applies to a judgment if a Registrar of a New Zealand court to whom an application for registration of the judgment is made under section 56 considers that— (a) the judgment is one in respect of different matters (for example, because it is one in respect of different subject matters, or one giving different kinds of relief); and some of the provisions of the judgment (the registrable provisions) would, if contained in a separate judgment, make that separate judgment a registrable Australian judgment.
(b) The judgment may be registered in the New Zealand court under section 57 in respect of the registrable provisions, but no other provisions.

Compare: 1934 No 11 s 4(5); Foreign Judgments Act 1991 s 6(13) (Aust) Setting aside registration This section specifies the only situations in which a New Zealand court in which an Australian judgment has been registered under section 57 may set aside the registration of the judgment.
The New Zealand court must, on application by a liable person within the applicable period under subsection (3), set aside the registration of the judgment if satisfied that— (a) the judgment was registered in contravention of this Act; or enforcement of the judgment would be contrary to pub- lic policy in New Zealand; or both of the following subparagraphs apply: (i) (b) (c) the judgment was given in a proceeding the sub- ject matter of which was immovable property, or was given in a proceeding in rem the subject mat- ter of which was movable property; and that property was, at the time of the proceeding in the original court or tribunal, not situated in Australia.
(ii) (3) An application under subsection (2) must be made— 41 Part 2 s 62 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (a) (b) within 30 working days of the New Zealand court after the day on which the liable person was given notice of registration under section 62; or if the liable person, before or after the end of the period in paragraph (a), applies to the New Zealand court for a longer period—within any longer period the New Zealand court considers appropriate.
Compare: 1934 No 11 s 6 62 (1) (2) (3) (4) Notice to liable person If a New Zealand court registers an Australian judgment under section 57, the entitled person must give a notice of the regis- tration to every liable person.

The notice must— (a) be in the form (if any) prescribed by regulations under subsection (4)(a); and be given in the manner (if any) prescribed by regula- tions under subsection (4)(b).
(b) The notice must be given— (a) (b) within 15 working days of the New Zealand court after the day of registration; or if, before or after the end of the period in paragraph (a), the entitled person applies to the New Zealand court for a longer period—within any longer period the New Zealand court considers appropriate.
The Governor-General may, by Order in Council, make regu- lations prescribing— (a) (b) the form of notice to be given under subsection (1): the manner of giving notice under subsection (1).

Effect of registration and notification 63 (1) A registered Australian judgment has the same force and ef- fect, and may give rise to the same proceedings for enforce- ment, as if it were a judgment given by the New Zealand court in which it is registered.
(2) However, if notice of the registration of the judgment has not been given to every liable person under section 62, then sub- 42 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 65 (3) section (1) applies to the judgment only after 45 working days of the New Zealand court after the day of registration.
Subsection (1) is subject to— (a) section 64 (which prevents enforcement of the judg- ment if it is not capable of being enforced in or by the original court or tribunal or in or by another Australian court or tribunal); and any order under section 65(1)(a) or (b) (delaying or stay- ing enforcement of the registered judgment so that a li- able person can challenge it in an Australian court or tribunal), or any other order of a New Zealand court, delaying or staying enforcement of the judgment; and section 67 (which relates to interest on a sum of money payable under a registered Australian judgment).
(b) (c) 64 Restriction on enforcing registered Australian judgments A registered Australian judgment is capable of being enforced only if, and to the extent that, at the time it is being or is to be enforced, the judgment is capable of being enforced in the original court or tribunal or in another Australian court or tri- bunal.
65 Stay of enforcement of registered judgment so that liable person can challenge it in Australian court or tribunal (1) A New Zealand court in which an Australian judgment has been registered under section 57 may, on an application under subsection (3) by a liable person, order that a proceeding in that court for enforcement of the judgment— (a) (b) The order— (a) must be made subject to the following conditions: not be commenced until a specified time or event; or be stayed for a specified period.
(2) (i) that the liable person make, by the end of a period specified in the order, and to an Australian court or tribunal that has power to grant the relief sought by the application, an application to set aside, vary, or appeal against the registered Australian judgment: 43 Part 2 s 66 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 (ii) that the liable person prosecute that application expeditiously; and (b) may be made subject to any other conditions, including conditions as to the giving of security, that the New Zealand court considers appropriate.
(3) An application under subsection (1) must be made— (4) (5) 66 (1) (a) (b) within 30 working days of the New Zealand court after the day on which the liable person was given the notice of registration required by section 62; or if the liable person, before or after the end of the period in paragraph (a), applies to the New Zealand court for a longer period—within any longer period the New Zealand court considers appropriate.
If a registered Australian judgment has for enforcement been transferred to a New Zealand court other than the one in which it is registered under section 57, an application under subsec- tion (1) may be made to, and heard and determined by, only that other New Zealand court.
This section does not affect any other powers of the New Zealand court to delay or stay the enforcement of the regis- tered Australian judgment on any grounds on which the court could delay or stay the enforcement of a judgment of a New Zealand court or tribunal.
Costs and expenses of enforcement of registered Australian judgments If a proceeding for enforcement of a registered Australian judgment is commenced in a New Zealand court, the follow- ing costs and expenses are recoverable in the proceeding: (a) costs and expenses reasonably incurred by or on behalf of the entitled person in, or incidental to, registration of the judgment: costs and expenses reasonably incurred by or on behalf of the entitled person in attempting to enforce the judg- ment in the original court or tribunal.
(b) (2) However, an entitled person’s entitlement to recover, and a li- able person’s liability to pay, the costs and expenses specified in subsection (1)(b) are the same as they would be in a pro- ceeding in that New Zealand court for enforcement of— 44 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 68 (a) (b) a judgment given by the New Zealand court that is sim- ilar to the registered Australian judgment; or if there is no such similar judgment, a judgment given by the New Zealand court and of a kind that is most analogous to the registered Australian judgment.
67 68 (1) (2) (3) Interest on registered Australian judgments Interest on a sum of money payable under a registered Aus- tralian judgment— (a) is payable at the same rate or rates and in respect of the same period or periods as would be applicable in the original court or tribunal; and is recoverable to the extent that an entitled person sat- isfies the Registrar of the New Zealand court of the amount of interest that is payable under paragraph (a).
(b) Enforcement of registered Australian judgment unaffected by certain rules of private international law Enforcement in New Zealand of a registered Australian judg- ment is not affected by the operation of any rule of private international law (other than any rule in this subpart) in oper- ation in New Zealand.
In particular, no New Zealand court may refuse to enforce a registered Australian judgment, or may delay, limit, or prohibit its enforcement, on all or any of the following grounds: (a) enforcing the judgment would involve the direct or indi- rect enforcement in New Zealand of an Australian pub- lic law: (b) Australian tax is payable under the judgment: (c) the judgment imposes a civil pecuniary penalty or a regulatory regime criminal fine.

Subsection (2) does not limit subsection (1).
Compare: 1978 No 103 s 89 45 Part 2 s 69 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 69 Subpart 6—Recognition and enforcement in New Zealand of judgments given in Australian trans-Tasman market proceedings Guide to this subpart This subpart makes judgments given in an Australian trans- Tasman market proceeding, and that do not impose a civil pe- cuniary penalty, registrable Australian judgments for the pur- poses of recognition and enforcement in New Zealand under subpart 5.
70 When judgments given in Australian trans-Tasman market proceedings are registrable under subpart 5 A judgment must be treated for the purposes of subpart 5 as a registrable Australian judgment if the judgment— (a) is given in an Australian trans-Tasman market proceed- ing; and does not impose a civil pecuniary penalty (but a judg- ment given in an Australian trans-Tasman market pro- ceeding and that imposes a civil pecuniary penalty is a registrable Australian judgment for those purposes by virtue of subpart 7).
Compare: 1934 No 11 ss 8A–8D (b) Registrable judgments include interim injunctions and other interlocutory orders The judgment referred to in section 70 may, but need not, be— an interlocutory order that is an interim or interlocutory (a) injunction (whether obtained on or without notice); or any other interlocutory or final order requiring a person to perform an act, make a payment (other than a pay- ment of a civil pecuniary penalty), observe a condition, or refrain from performing an act or from engaging in specified conduct.
(b) Compare: 1934 No 11 s 8A 71 46 (2) 73 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 74 Registration applications may be made only to High Court 72 (1) An application under section 56 to register in a New Zealand court a registrable Australian judgment may be made only to a Registrar of the High Court if the judgment— (a) is given in an Australian trans-Tasman market proceed- ing; and does not impose a civil pecuniary penalty.
(b) Subsection (1) overrides section 56, which if not overridden would permit the application to be made to a Registrar of a New Zealand court specified or described in section 56(1)(a) or (b).
Compare: 1934 No 11 s 8D(1) Subpart 7—Recognition and enforcement in New Zealand of Australian judgments imposing civil pecuniary penalties Guide to this subpart This subpart makes judgments given by Australian courts in civil proceedings, and imposing civil pecuniary penalties (as defined in section 4(1)), registrable Australian judgments for the purposes of recognition and enforcement in New Zealand under subpart 5.
74 When judgments imposing civil pecuniary penalties are registrable under subpart 5 (1) A judgment must be treated for the purposes of subpart 5 as a registrable Australian judgment if the judgment— (a) is given by an Australian court in a civil proceeding (in- cluding an Australian trans-Tasman market proceeding) and imposes a civil pecuniary penalty; and is not a kind of judgment imposing a civil pecuniary penalty that is declared by an order under subsection (2) to be excluded from recognition or enforcement under subpart 5.
(b) (2) The Governor-General may, by Order in Council, declare a kind of judgment imposing a civil pecuniary penalty to be ex- cluded from recognition or enforcement under subpart 5.
47 Part 2 s 75 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Registration applications may be made only to specified courts Subsection (2) applies to an application under section 56 to register in a New Zealand court a registrable Australian judg- ment if the judgment— (a) is given otherwise than in an Australian trans-Tasman market proceeding; and imposes a civil pecuniary penalty.
(b) The application may be made only to a Registrar of a New Zealand court that is— (a) (b) the High Court; or a New Zealand court that is not a superior New Zealand court but that has power to impose a civil pecuniary penalty under New Zealand law of the same, or a broadly similar, value.
The civil pecuniary penalty under New Zealand law that is re- ferred to in subsection (2)(b) may, but need not, be one im- posed for the same or similar purposes, or in respect of the same or a similar subject matter, as the one imposed by the registrable Australian judgment.
Subsection (5) applies to an application under section 56 to register in a New Zealand court a registrable Australian judg- ment if the judgment— (a) is given in an Australian trans-Tasman market proceed- ing; and imposes a civil pecuniary penalty.

(b) The application may be made only to a Registrar of the High Court.
Subsections (2) and (5) override section 56, which if not over- ridden would permit the applications to be made to a Regis- trar of a New Zealand court specified or described in section 56(1)(a) or (b).
75 (1) (2) (3) (4) (5) (6) 48 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Part 2 s 78 Subpart 8—Recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines 76 Guide to this subpart This subpart makes certain judgments given by Australian courts in criminal proceedings, and that impose regulatory regime criminal fines (as defined in section 4(1)), registrable Australian judgments for the purposes of recognition and enforcement in New Zealand under subpart 5.
77 When judgments imposing regulatory regime criminal fines are registrable under subpart 5 (1) A judgment must be treated for the purposes of subpart 5 as a (b) registrable Australian judgment if the judgment— (a) is given by an Australian court in a criminal proceeding and imposes a regulatory regime criminal fine; and complies with any conditions prescribed by an order under subsection (2)(b) as conditions with which a judg- ment imposing a regulatory regime criminal fine of that kind must comply in order to be recognised and en- forced under subpart 5.
(2) The Governor-General may, by Order in Council,— (a) declare a fine for a criminal offence under a provision of Australian legislation to be a regulatory regime criminal fine for the purposes of subpart 5 and this subpart: prescribe conditions with which a judgment imposing a fine declared under paragraph (a) to be a regulatory regime criminal fine must comply in order to be recog- nised and enforced under subpart 5.
(b) (3) Section 5 applies to a reference in an order under subsec- tion (2) to a repealed Australian enactment.

Registration applications may be made only to High Court 78 (1) An application under section 56 in respect of a registrable Aus- tralian judgment that imposes a regulatory regime criminal fine may be made only to a Registrar of the High Court.
Subsection (1) overrides section 56, which if not overridden would permit the application to be made to a Registrar of a (2) 49 Part 2 s 78 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 New Zealand court specified or described in section 56(1)(a) or (b).
50 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 1 Schedule 1 Trans-Tasman Agreement Agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman Court Proceedings and Regulatory Enforcement s 4(1) Preamble The Government of New Zealand and the Government of Australia (hereinafter “the Parties”): CONSCIOUS of their long-standing friendship and close historic, political and economic relationship; RECOGNISING the development of that relationship through the framework established by the Australia New Zealand Closer Eco- nomic Relations Trade Agreement done at Canberra on 28 March 1983, and subsequent arrangements and agreements developed within that framework of which this Agreement forms a part; ACKNOWLEDGING each Party’s confidence in the judicial and regulatory institutions of the other Party; AFFIRMING their shared commitment to appropriate and effective resolution of trans-Tasman civil disputes and increased regulatory cooperation; DESIRING therefore to establish a new trans-Tasman regime, build- ing on the existing cooperative regime covering the taking of evi- dence and associated court procedures, to further streamline aspects of civil court proceedings and regulatory enforcement and reduce un- necessary procedural and regulatory barriers to the conduct of litiga- tion; HAVE agreed as follows: Part 1 Definitions and Objective Article 1—Definitions Adjudicative function means, in relation to tribunals, the function of determining the rights or liabilities of a person in a proceeding in which there are two (2) or more parties.
51 Schedule 1 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Part 1—continued Article 1—continued Appear remotely means where a person physically located in the ter- ritory of one Party is heard, or seen and heard, using technology in- cluding video or telephone link, by a court within the territory of the other Party.

Court within the territory of a Party for Australia means any federal court (including the High Court of Australia), or any court of a State or Territory.
Defendant includes a judgment debtor.

Judge for Australia includes a magistrate.

Inferior court means a court that is not a superior court.

Local registration means an entitlement to practice as a legal practi- tioner before a court by having fulfilled the necessary local require- ments.

Money judgment means a judgment under which money is payable.
Non-money judgment means a judgment which does not involve the payment of money, including but not limited to, a judgment requiring a person to do or refrain from doing something.

Plaintiff includes a judgment creditor.

Superior court means: 1. the High Court of Australia; the Federal Court of Australia; the Family Court of Australia; or the Supreme Court of a State or Territory.
In the case of Australia: a) b) c) d) In the case of New Zealand: the High Court; a) the Court of Appeal; or b) the Supreme Court.

c) 2.

The territory of a Party means the land areas, internal waters and territorial sea under the sovereignty or jurisdiction of a Party, but with respect to New Zealand does not include Tokelau.

Article 2—Objective The objective of this Agreement is to streamline the process for resolving civil proceedings with a trans-Tasman element in 1.
52 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 1 Part 1—continued Article 2—continued order to reduce costs, improve efficiency, and minimise exist- ing impediments to enforcing certain judgments and regula- tory sanctions.

Part 2 Service of Process and Recognition and Enforcement of Judgments in Civil Proceedings Article 3—Application 1.

2.

3.

4. dissolution of marriage; enforcement of maintenance obligations; and enforcement of child support obligations.
This Part shall apply to civil proceedings before courts within the territory of either Party, except civil proceedings in relation to the following matters: a) b) c) The Parties may, by mutual arrangement, exclude statutory cooperative arrangements and matters covered by existing or proposed bilateral or multilateral arrangements and agree- ments from the operation of this Part.

Actions in rem shall be excluded from the operation of Article 4.
The following judgments shall be capable of recognition and enforcement under Article 5: a) b) final money judgments, and final non-money judgments, except for the following: i) orders about probate, letters of administration or the administration of an estate; orders about the guardianship or management of property of someone who is incapable of man- aging their personal affairs or property; orders about the care, control or welfare of a child; and ii) iii) 53 Schedule 1 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Part 2—continued Article 3—continued 5.
6.

1.

2.

3.

4. iv) orders that, if not complied with, may lead to conviction for an offence in the place where the order was made.

The Parties may, by mutual arrangement, exclude other non- money judgments from recognition and enforcement under Article 5.

A judgment shall be deemed to be final even though an appeal may be pending against it, or it may still be subject to appeal.
Article 4—Service of Process Initiating process in civil proceedings in a court within the territory of one Party may be served, without leave of a court, in the territory of the other Party.

Service rendered in accordance with this Article shall have the same effect as if it had occurred in the jurisdiction of the court in which the initiating process was issued.
A plaintiff to a proceeding in the court in which the initiating process is issued shall not be required to establish any particu- lar connection between the proceedings and the forum in order to render service under this Article.

Once service has been rendered under this Article, the defen- dant may apply for a stay of the proceedings on the basis that a court within the territory of the other Party is the more ap- propriate court.

5.
5.

When responding to initiating process served under this Art- icle, the defendant may nominate an address for service in the territory of either Party.

Article 5—Recognition and Enforcement of Judgments On application by the plaintiff, a judgment to which this Art- icle applies issued by a court within the territory of one Party shall be registered by a court within the territory of the other Party (hereinafter “the registering court”).

1.
1.

54 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 1 Part 2—continued Article 5—continued 2.

3.

4.

5.

6.

7.

8.

A judgment registered under this Article shall have the same force and effect, and may be enforced, as if the judgment had been issued by the registering court.

The defendant shall receive notice where a judgment is regis- tered under this Article.
Subject to paragraph 6 and 8 of this Article, a judgment regis- tered under this Article shall only be varied or set aside by the court in which it was issued, and shall only be the subject of appeal before the courts within the territory of the Party in which it was issued.
The registering court may grant a stay of enforcement proceed- ings in order for an application for variation or setting aside to be made in the court in which the judgment was issued, or in order for an appeal against the judgment to be lodged in the courts within the territory of the Party in which the judgment was issued.
The registration of a judgment pursuant to this Article may only be set aside in the registering court, and the judgment refused recognition and enforcement in the country of regis- tration, if registration of the judgment would be contrary to the public policy of that country.

Judgments registered under this Article shall not be refused recognition and enforcement on the grounds that to do so would involve the direct or indirect enforcement of a foreign public or revenue law.
Registration of the following judgments may be set aside in the registering court on the basis that the property in question was not, at the time of the proceedings before the court which issued the judgment, situated within the territory of the Party in which the court which issued the judgment is located: a) judgments given in an action where the subject matter is immovable property; and judgments in an action in rem where the subject matter is movable property.

b) 9.
b) 9.

For the purposes of this Article, registering court means: a) In the case of Australia: 55 Schedule 1 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Part 2—continued Article 5—continued the Federal Court of Australia; the Family Court of Australia; or the Supreme Court of a State or Territory.

i) ii) iii) In the case of New Zealand: the High Court.

i) In addition, any other court within the territory of either Party that could have granted the relief contained in the judgment.
b) c) Article 6—Tribunals The Parties may mutually determine a list of specified tri- bunals, the decisions, or classes of decisions, of which may be capable of recognition and enforcement pursuant to Article 5 in the courts within the territory of the other Party.

In order to be specified under paragraph 1 of this Article, a tri- bunal must exercise an adjudicative function and its decisions must be capable of enforcement without an order of a court.
The Parties may mutually determine the tribunals specified under paragraph 1 of this Article the initiating process of which may be served pursuant to Article 4.

In order to be specified under paragraph 3, initiating process in proceedings before that tribunal must be able to be served overseas.
Article 7—Interim relief in support of proceedings in the territory of the other Party Each Party shall nominate courts within its territory to grant in- terim relief in support of proceedings commenced in the courts within the territory of the other Party.

Courts nominated under paragraph 1 shall have the ability to grant the same types of interim relief in support of proceedings initiated in the courts within the territory of the other Party as they are able to grant in domestic proceedings.

1.

2.

3.
1.

2.

3.

4.

1.

2.

56 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 1 Part 2—continued 2.

Article 8—Declining jurisdiction 1.

Where the appropriateness of the forum is in issue in a pro- ceeding, courts within the territory of each Party shall be able to grant a stay of proceedings on the ground that a court within the territory of the other Party is the more appropriate forum to determine the proceedings.
The courts within the territory of each Party shall determine the more appropriate forum for the proceeding having regard to the following factors: a) b) c) where the parties and witnesses live; which jurisdiction’s law is to be applied; and whether there is agreement between the parties to the proceeding about the court or place where proceedings should be heard.

3.

4.

5.
3.

4.

5.

Any additional factors to which the courts within the territory of each Party must have regard shall be determined by mutual arrangement between the Parties.
The preceding paragraphs are not intended to: a) limit the discretion of the courts to have regard to fac- tors other than those listed in paragraph 2 or mutually determined under paragraph 3; or affect the power of the courts to stay a proceeding on a ground other than the ground mentioned in paragraph 1. b) Courts within the territory of each Party shall not: a) restrain a party from commencing proceedings in a court within the territory of the other Party on the ground that the court is not the appropriate forum for the proceeding; or restrain a party in a proceeding before a court within the territory of the other Party from taking a step in the proceeding on the ground that the court is not the appropriate forum for the proceeding.
b) 57 Schedule 1 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Part 3 Regulatory Enforcement Article 9—Enforcing civil pecuniary penalty orders Civil pecuniary penalties imposed by the courts within the ter- ritory of one Party shall be enforceable in the courts within the territory of the other Party as a civil judgment debt, under Art- icle 5.
The Parties may, by mutual arrangement, exclude civil pecu- niary penalty regimes from enforcement under this Article on the basis that a regime is inconsistent with the public policy of the Party seeking to exclude it.
Article 10—Enforcing fines for certain regulatory offences The Parties shall mutually determine a list of statutes (or parts or provisions of statutes) under which fines are imposed for criminal offences under regulatory regimes that affect the ef- fectiveness, integrity and efficiency of trans-Tasman markets and in which both Parties have a strong mutual interest.
Fines imposed by the courts within the territory of one Party under a statutory provision covered by paragraph 1 shall be enforceable in the courts within the territory of the other Party in the same way as a civil judgment debt under Article 5, but must be registered in a superior court of the country registering the judgment.
Part 4 Remote Appearances and Subpoenas Article 11—Appearing remotely in civil proceedings A party or their legal representative, residing in the territory of one Party, may appear remotely in civil proceedings in the territory of the other Party, with leave of the court.

1.

2.

1.

2.

1.

58 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 1 2.

3.

4.

5.

1.

1.

1.


Part 4—continued Article 11—continued Legal representatives may only appear remotely in that cap- acity if they have the right to appear before that court, or the court permits an appearance without local registration.

Legal representatives may seek leave to appear without local registration if they are registered where their client resides and they will be appearing remotely from that place.
Notwithstanding the preceding paragraphs, a party or their legal representative seeking a stay of civil proceedings in ac- cordance with Article 4(4) and Article 8 has the right to appear remotely without applying for leave of the court.

This Article is not intended to restrict the circumstances in which legal representatives may appear in accordance with other arrangements between the Parties.
Article 12—Issue and service of subpoenas Each Party shall ensure that it builds on the existing coopera- tive regime between the Parties covering the taking of evi- dence and associated court procedures by providing for: a) subpoenas to be issued in criminal proceedings and served in the territory of the other Party; and inferior courts to issue subpoenas in proceedings before that court, or before a prescribed tribunal, without leave being sought from a superior court.
b) Part 5 Final Provisions Article 13—Consultation Any disputes between the Parties arising out of or in connec- tion with this Agreement shall be resolved amicably and expe- ditiously by consultation or negotiation between the Parties.
Article 14—Amendment Any amendments to this Agreement agreed by the Parties shall enter into force 30 days after the date of the later notification 59 Schedule 1 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Part 5—continued Article 14—continued by which the Parties notify each other that their domestic re- quirements for the entry into force of the amendments have been fulfilled.

Article 15—Termination and Transitional Provision 1.

2.

3.

1.

2.
2.

3.

1.

2.

Either Party may at any time give notice in writing through diplomatic channels to the other Party of its decision to ter- minate this Agreement.

Upon such notice being given, the Agreement shall terminate on a date to be agreed by the Parties in writing.
In the absence of such agreement, this Agreement shall terminate on the later of: a) any date specified in the notice as the date on which the termination is to be effective; or the date 1 year after the date on which the notice was received.

b) The termination of this Agreement shall be without prejudice to the completion of any proceedings commenced by persons in reliance on this Agreement before and up to the date of termination.
Article 16—Entry into Force Each of the Parties shall notify the other, through diplomatic channels, of the completion of their respective domestic pro- cedures for the entry into force of this Agreement.

This Agreement shall enter into force 30 days after the date of the later of these notifications.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
60 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 1 DONE in duplicate at Christchurch on this 24th day of July, 2008.
Lianne Dalziel For the Government of New Zealand Robert McClelland For the Government of Australia 61 Schedule 2 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Schedule 2 Amendments to, and revocations of, other enactments Part 1 Amendments to Acts s 10 Evidence Act 2006 (2006 No 69) Paragraph (b) of the definition of expenses in section 150: omit “thing—” and substitute “thing”.
Definition of expenses in section 150: omit “necessary for the pur- poses of complying with the subpoena” in the second place where it appears.
Section 150: insert in their appropriate alphabetical order: “audio link means facilities (for example, telephone facilities) that enable audio communication between people in different places “audiovisual link means facilities that enable audio and visual communication between people in different places “examination of a person giving evidence means the exam- ination-in-chief, cross-examination, or re-examination of the person “relevant court, in relation to leave to serve a New Zealand subpoena on a witness in Australia, or an application under section 154 for leave of that kind, means— “(a) a District Court, if the New Zealand subpoena is issued by a tribunal declared by the Minister of Justice under section 152 to be a New Zealand court; and the New Zealand court that issued the subpoena, in every other case “(b) an audio link; or an audiovisual link “remote appearance medium means— “(a) “(b) “remote evidence means evidence given or to be given under section 168 or 173 “submissions does not include submissions that are not— “(a) submissions on whether, and if so in what way or ways, remote evidence may or must be given; or submissions on whether remote evidence is admitted or admissible; or “(b) 62 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 2 Evidence Act 2006 (2006 No 69)—continued Part 1—continued “(c) other submissions in relation to remote evidence”.
Section 151: repeal and substitute: “151 Meaning of specified proceeding In this subpart, specified proceeding means a proceeding— “(a) in respect of which a person is seeking an order under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; or relating to the guardianship or care of a person who is incapable of managing his or her personal affairs; or relating to the management of the property of a person who is incapable of managing that property.” “(b) “(c) New sections 153A and 153B: insert after section 153: “153A Courts (Remote Participation) Act 2010 does not apply to remote appearances under this subpart Nothing in the Courts (Remote Participation) Act 2010 applies to the giving or taking of evidence, examination of a person giving evidence, or making or receipt of examination or sub- missions, by audio link or audiovisual link in accordance with sections 168 to 172 or 173 to 180.
“Compare: 2010 No 108 s 36 “153B Mutual Assistance in Criminal Matters Act 1992 operates in parallel with this subpart This subpart is not subject to, and does not override, the Mu- tual Assistance in Criminal Matters Act 1992.

“Compare: Trans-Tasman Proceedings Act 2010 s 108 (Aust)”.

Section 154(1): omit “High Court” and substitute “relevant court”.

Section 160: omit “High Court” in each place where it appears and substitute in each case “relevant court”.
Section 161(a): omit “High Court” and substitute “relevant court”.

Section 163(2)(a): omit “Federal Court, or of the order of the Judge of the Family Court of Australia, or the order of the Judge of a Supreme Court of a State or a territory of Australia, as the case may be,” and substitute “court of judicature within Australia”.
63 Schedule 2 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Evidence Act 2006 (2006 No 69)—continued Part 1—continued Section 165(4)(a): omit “the Federal Court or a Judge of the Family Court of Australia or a Judge of a Supreme Court of an Australian State or a territory” and substitute “a court of judicature within Aus- tralia”.
Section 165(5): omit “Federal Court or by the Family Court of Aus- tralia or by a Supreme Court of an Australian State or a territory” and substitute “court of judicature within Australia referred to in subsec- tion (4)(a)”.

Heading above section 168: omit “Video link and telephone confer- ences” and substitute “Audio links and audiovisual links”.
Section 168: repeal and substitute: “168 New Zealand court may receive evidence, and related examination and submissions, by audio link and audiovisual link from Australia “(1) A New Zealand court may, on application by a party to a pro- ceeding before it, direct that all or any of the following be done by remote appearance medium from Australia: “(a) “(b) the giving of evidence: the examination of a person giving evidence under para- graph (a): the making of submissions.
“(2) The remote appearance medium used must be— “(c) “(a) “(b) the remote appearance medium specified by the court; or if the court does not specify a remote appearance medium—either remote appearance medium.
“(3) The court must not give the direction unless it is satisfied that— “(a) “(b) the evidence, examination, or submission can more con- veniently be given or made from Australia; and if the court intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and 64 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 2 Evidence Act 2006 (2006 No 69)—continued Part 1—continued “(c) if the court does not intend to specify a remote appear- ance medium—both remote appearance mediums are, or can reasonably be made, available; and it is appropriate to give the direction.
“(d) “Compare: 1994 No 31 s 19(1) “168A Costs of giving evidence, and making examination and submissions, from Australia “(1) Unless the New Zealand court otherwise orders, the costs in- curred in giving evidence, or making an examination or sub- missions, by audio link or audiovisual link, and transmitting the evidence, examination, or submissions, under a direction under section 168(1), must be paid by the applicant.
“(2) The New Zealand court may make an order specifying the amount payable by a party under subsection (1), and requir- ing the party to pay that amount.

“(3) An order made under subsection (2) by a New Zealand court that does not have the power to enforce its orders— “(a) may be filed in any District Court; and “(b) when so filed, is enforceable as a judgment of that Dis- trict Court.

“Compare: 1994 No 31 s 19(2)–(4)”.


Section 169: omit “submissions by video link or telephone confer- ence” and substitute “examination or submissions by audio link or audiovisual link”.

Heading to section 170: omit “and submissions by video link” and substitute “, examination, and submissions by audiovisual link”.

Section 170: omit “or submissions made by video link” and substi- tute “, or examination or submissions made, by audiovisual link”.
Section 170: omit “or the submissions are to be made” and substitute “, or the examination is to be made, or the submissions are to be made,”.

Section 170: omit “video facilities” and substitute “facilities”.

Section 170(a): insert “examination or” before “submissions in Aus- tralia”.
65 Schedule 2 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Evidence Act 2006 (2006 No 69)—continued Part 1—continued Section 170(b): omit “or the submissions are made” and substitute “, the examination is made, or the submissions are made,”.

Heading to section 171: omit “and submissions by telephone” and substitute “, examination, and submissions by audio link”.
Section 171: omit “or submissions made by telephone conference” and substitute “, or examination or submissions made, by audio link”.

Section 171: omit “or the submissions are to be made” and substitute “, or the examination is to be made, or the submissions are to be made,”.

Section 171: omit “telephone conference facilities” and substitute “facilities”.

Section 171(a): insert “examination or” before “submissions in Aus- tralia”.
Section 171(b): omit “or the submissions are made” and substitute “, the examination is made, or the submissions are made,”.
Section 172: repeal and substitute: “172 Rights of Australian counsel “(1) This section applies to a person who— “(a) “(b) is entitled to practise as a barrister, or a solicitor, or both in a Supreme Court of a State or a territory of Australia from which evidence is to be given or examination or submissions made under a direction under section 168; but is not entitled otherwise than under this section to ap- pear before the New Zealand court to examine a person giving evidence, or to make submissions, under that di- rection.
“(2) The person is entitled to practise as a barrister, a solicitor, or both in relation to each appearance for the examination or sub- missions to which the direction relates, and each appearance of that kind is for the purposes of section 27(1)(b)(i) of the Lawyers and Conveyancers Act 2006 an appearance allowed by this Act.

“Compare: 1994 No 31 s 23”.


66 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 2 Evidence Act 2006 (2006 No 69)—continued Part 1—continued Heading above section 173: omit “Video link and telephone confer- ences” and substitute “Audio links and audiovisual links”.
Section 173: repeal and substitute: “173 Australian court may take evidence, and receive related examination and submissions, by audio link or audiovisual link from New Zealand The taking of evidence, or receipt of an examination or sub- missions, from New Zealand in a proceeding in an Australian court is authorised if it is in accordance with the Trans-Tasman Proceedings Act 2010 (Aust).

“Compare: 1994 No 31 s 24”.


insert “or examination or submissions insert “, the examination is or is to be made,” Section 174: insert “examination or” before “submissions” in both places where it appears.

Section 175(1)(b): before “or the submissions are or are to be made”.

Heading to section 176: made” after “evidence given”.

Section 176: insert “, the examination is made,” after “the evidence is given”.

Section 177(1): insert “an examination or” before “submissions”.
Section 177(2): insert “examination or” before “submissions”.

Section 177: omit “video link or telephone conference” in each place where it appears and substitute in each case “audio link or audiovisual link”.

Section 178(1): omit “video link or telephone conference” and sub- stitute “audio link or audiovisual link”.

Section 179(1): insert “, an examination is being made,” after “evi- dence is being given”.
Section 179(1): omit “video link or telephone conference” and sub- stitute “audio link or audiovisual link”.

Section 180(a): insert “, an examination is being or will be made,” after “evidence is being or will be given”.

Section 180(a): omit “video link or telephone conference” and sub- stitute “audio link or audiovisual link”.
67 Schedule 2 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Evidence Act 2006 (2006 No 69)—continued Part 1—continued Section 181 and heading above section 181: repeal.

Section 189(1): omit “subsection” and substitute “section”.

Section 199(1)(e): omit “submissions by video link or telephone con- ference” and substitute “examinations and submissions by audio link or audiovisual link”.
Judicature Act 1908 (1908 No 89) New sections 56DB and 56DC: insert after section 56D: “56DB Trans-Tasman Proceedings Act 2010 does not affect this Part This Part is not limited or affected by the Trans-Tasman Pro- ceedings Act 2010.

“56DC Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part Nothing in the Courts (Remote Participation) Act 2010 applies to any appearance by video link or telephone conference in accordance with this Part.

“Compare: 2010 No 108 s 36”.
Section 56Q: add: “(4) A person appearing as a party in an Australian proceeding— at a sitting in New Zealand of the Federal Court; or “(a) “(b) by video link or telephone conference at a sitting in Aus- tralia of the Federal Court— “has all the privileges and immunities of a party in a proceed- ing in the High Court.” Maritime Transport Act 1994 (1994 No 104) Section 369: repeal and substitute: “369 Reciprocal enforcement of judgments “(1) Part 1 (except for section 6(3) and (4)) of the Reciprocal En- forcement of Judgments Act 1934 applies to a judgment given by a Court in a country (other than Australia) in respect of which the CLC Convention is in force and to enforce a claim 68 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Schedule 2 Maritime Transport Act 1994 (1994 No 104)—continued Part 1—continued in respect of liability incurred under any provision correspond- ing to section 345 of this Act.
“(2) A judgment given by a Court in Australia to enforce a claim in respect of liability incurred under Part II of the Protection of the Sea (Civil Liability) Act 1981 (Aust) (or any later Aus- tralian enactments corresponding to section 345 of this Act) must be treated as a registrable Australian judgment for the purposes of subpart 5 of Part 2 of the Trans-Tasman Proceed- ings Act 2010.

“Compare: 1974 No 14 s 44”.


Reciprocal Enforcement of Judgments Act 1934 (1934 No 11) Definition of Australian tax in section 2(1): repeal.

Section 3: insert after subsection (1): “(1A) Nothing in this Part applies or extends to a judgment that is given in or by a superior court or an inferior court of Australia.
“(1B) Subsection (1A) does not, however, prevent a judgment given in or by a superior court or an inferior court of Australia from being a registrable Australian judgment under subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010.
“(1C) Subsection (1A), and the amendments to, and revocations of orders under, this Part effected by Schedule 2 of the Trans-Tas- man Proceedings Act 2010, do not, however, affect the appli- cation of this Part to a judgment given in or by a superior court or an inferior court of Australia before the commencement of subpart 5 of Part 2 of that Act.” Section 3(3A): repeal.

Section 3A(3) and (4): repeal.

Section 3B(4): omit “, not being a judgment of a superior Court or an inferior Court of Australia,”.
Section 3B(5): repeal.

Section 6(1)(e): omit “, not being a judgment of a superior Court or an inferior Court of Australia under which Australian tax is payable,”.

Section 6(3)(a)(vi): repeal.

69 Schedule 2 Trans-Tasman Proceedings Act 2010 Reprinted as at 5 August 2013 Reciprocal Enforcement of Judgments Act 1934 (1934 No 11)—continued Part 1—continued Part 1A: repeal.
Part 2 Amendment to order Reciprocal Enforcement of Judgments Order 1940 (SR 1940/88) Heading and items relating to Australia in Schedule: omit.
Part 3 Orders revoked Reciprocal Enforcement of Judgments (Australian Inferior Courts) Order 1992 (SR 1992/265) Reciprocal Enforcement of Judgments (Commonwealth of Australia) Order 1987 (SR 1987/22) Reciprocal Enforcement of Judgments (Northern Territory of Australia) Order 1957 (SR 1957/264) Reciprocal Enforcement of Judgments Order 1940, Amendment No 2 (SR 1962/156) Reciprocal Enforcement of Judgments Order 1940 (No 2) (SR 1940/306) Reciprocal Enforcement of Judgments Order 1955 (SR 1955/108) 70 Reprinted as at 5 August 2013 Trans-Tasman Proceedings Act 2010 Notes Reprints notes 1 2 3 General This is a reprint of the Trans-Tasman Proceedings Act 2010 that incorporates all the amendments to that Act as at the date of the last amendment to it.
Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

Editorial and format changes and Editorial made 26 http://www.pco.parliament.govt.nz/editorial-conventions/.
the Legislation Act to sections changes reprints powers format under 2012. using See the 24 of are to also 4 Amendments incorporated in this reprint Legislation Act 2012 (2012 No 119): section 77(3) Criminal Procedure Act 2011 (2011 No 81): section 413 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 71