Williamson Maurice: Trans-Tasman Proceedings Bill — In Committee Third Reading 
Williamson Maurice: Trans-Tasman Proceedings Bill — In Committee Third Reading 
[Volume:666;Page:13429] 
Hon MAURICE WILLIAMSON (Minister for Building and Construction) 
 on behalf of the  
Minister of Justice 
: I move  
That the Trans-Tasman Proceedings Bill be now read a third time 
. This bill is an important milestone in the creation of a comprehensive new regime to deal with court proceedings and regulatory enforcement across the Tasman. It implements in New Zealand the Agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman Court Proceedings and Regulatory Enforcement which was signed in 2008. Together with its Australian equivalent also called the Trans-Tasman Proceedings Act this bill will streamline the resolution of disputes with connections to both New Zealand and Australia. 
As personal and business connections between countries increase the activities of individuals and businesses are increasingly likely to be affected by more than one legal system. Uncertainty about which court will hear a dispute or whether a person will be able to enforce a judgment in another country causes difficulties for both individuals and business. Addressing those issues between New Zealand and Australia is obviously a key plank in progress towards a single economic market. 
This level of cooperation between two countries on cross-border civil justice issues may be unparalleled anywhere in the world. If it proves successful it may even be looked at as a model of what can be achieved between jurisdictions. The high level of confidence each country has in the other’s legal system—and regulatory system by the way—and our common legal heritage has allowed us to push the boundaries. Most countries do not for example enforce another country’s penal laws. The two pieces of legislation will make an exception to that general rule and allow certain criminal fines imposed under one regulatory regime to be enforced in another in the same way as a civil judgment debt. Criminal fines play an important role in encouraging compliance with regulatory regimes. Improved enforcement of regulatory regimes that affect the integrity effectiveness and efficiency of trans-Tasman markets will deliver benefits to both countries. 
The sort of regulatory regimes this legislation will apply to include New Zealand’s Commerce Act and the Australian Trade Practices Act. The benefits of this new regime will span the range of interactions New Zealand has with Australia and its legal system. Those who will benefit extend from individuals involved in family proceedings and consumer disputes to major New Zealand corporations operating in Australia. 
Processes for effective and efficient resolution of disputes are essential to support the closer economic relations agreement and the initiatives that sit under it. We want New Zealand businesses to be able to operate in Australia and deal with Australian businesses with confidence. Businesses need to know that if a dispute arises it can be heard by the court most appropriate to hear it or by the court they agreed would hear it. Businesses need to know that they can readily obtain interim relief such as a freezing order if they need it and they need to know that if they obtain a final judgment it can be enforced effectively even if other parties’ assets are located in Australia. 
After the passage of this bill the New Zealand and Australian Governments will continue to work closely together to make the necessary supporting regulations and to bring the arrangements into force at the earliest opportunity. I commend the bill to the House.