Power Simon: Trans-Tasman Proceedings Bill — First Reading 
Power Simon: Trans-Tasman Proceedings Bill — First Reading 
[Volume:661;Page:9702] 
Hon SIMON POWER (Minister of Justice) 
: 
 I move  
That the Trans-Tasman Proceedings Bill be now read a first time. 
 At the appropriate time I intend to move that the Trans-Tasman Proceedings Bill be referred to the Justice and Electoral Committee that the committee report finally to the House on or before 29 July 2010 and that the committee have authority to meet at any time while the House is sitting except during oral questions and during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 187 and 190(1)(b) and (c). 
The Prime Minister said in his statement to Parliament that he wants to give the single economic market a new impetus this year and this bill is part of that programme. The Trans-Tasman Proceedings Bill simplifies the process for resolving civil disputes with a trans-Tasman element making it easier to resolve these disputes more efficiently and at lower cost. It will also reduce impediments to enforcing civil penalties and certain regulatory fines across the Tasman. The bill will implement the agreement on trans-Tasman court proceedings and regulatory enforcement that was signed by the previous Government in Christchurch on 24 July 2008. 
In November last year I was privileged to be invited on to the floor of the Australian Federal Parliament as the Attorney-General Robert McClelland introduced parallel legislation. That legislation has now been passed by both Australian Houses and is awaiting the Royal assent. As indicated at the start of this speech I will be seeking a shortened select committee period so that we can move as quickly as possible to the final stages necessary to implement the agreement given the progress that the Australians have made to date. 
Currently with a few exceptions New Zealand and Australia treat each other in the same way as any other foreign country when it comes to cross-border court proceedings. This is clearly undesirable given our unique relationship and the commitments we have made to reducing barriers to trade. This bill will enable closer integration of our civil justice systems. That will benefit both countries and progress in this area reflects our close relationship our common legal heritage and the confidence we have in each other’s judicial and regulatory institutions. 
I would like to briefly outline some important measures in the bill. The bill simplifies the service of civil court proceedings. It will enable a statement of claim filed in a New Zealand court to be served on someone in Australia as of right. The plaintiff will not have to prove a connection between the proceedings and New Zealand or to seek leave of the court. This bill and its Australian equivalent will adopt a common give-way rule for deciding which country’s court should hear a dispute. At present New Zealand and Australian courts apply different tests to decide this issue which can lead to unnecessary expense and uncertainty. The bill will also expand the range of Australian court judgments that can be enforced in New Zealand and simplify the process for enforcing them. Currently only final money judgments from one country may be enforced in the other. This bill extends this to include final non-money judgments such as an injunction. The only ground for not enforcing an Australian judgment will be public policy. Any challenge that goes to the merits of a judgment will have to be raised with the original court. 
The bill also introduces new measures to improve regulatory enforcement. New Zealand and Australia both have a strong mutual interest in the integrity of trans-Tasman markets and the effective enforcement of each other’s regulatory regimes. The bill allows all Australian civil pecuniary penalties to be enforced in New Zealand unless they are specifically excluded from the regime. Equally the Australian legislation contains mirror provisions enabling New Zealand civil penalties to be enforced there. Criminal fines play an important role in encouraging compliance with regulatory regimes. The Trans-Tasman Proceedings Bill will allow criminal fines under certain regulatory regimes to be enforced in the same way as a civil judgment debt is. It is intended to apply only to those regulatory regimes that affect the integrity effectiveness and efficiency of trans-Tasman markets. 
The bill simplifies the conduct of court proceedings in other ways. For example it encourages greater use of technology so that parties and their lawyers with leave of the court may take part in New Zealand civil proceedings from Australia by audio or video link. Needless to say requiring parties based in Australia to attend court in person is inconvenient and costly and can add to delays. But it is not only businesses that will benefit. For example an individual whose former partner moves to Australia before they reach an agreement on how to divide their relationship property will benefit from the simplified procedures and reduced costs. 
This bill offers direct benefits for both New Zealanders and the New Zealand economy. New Zealand’s relationship with Australia is our most important and Closer Economic Relations has set a global benchmark for free trade. Now is the time to build on that success through the single economic market programme by simplifying and improving the process for resolving trans-Tasman civil disputes. I commend the bill to the House.