Trans-Tasman Proceedings Act 2010

1: Title
This Act is the Trans-Tasman Proceedings Act 2010.
2: Commencement
1: Parts 1 2 Schedules 1 2
2: The rest of this Act comes into force on the day after the date on which this Act receives the Royal assent.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 11 October 2013 clause 2 Trans-Tasman Proceedings Act Commencement Order 2013 Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary and general provisions
3: Purpose of, and guides to, this Act
1: 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 Australian judgments and regulatory sanctions; and
c: implement the Trans-Tasman Agreement in New Zealand law.
2: Provisions to implement the Trans-Tasman Agreement in Australian law are in the Trans-Tasman Proceedings Act 2010 (Aust) (the Australian Act
3: This Act provides for the following matters:
a: service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals:
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:
c: New Zealand courts giving interim relief in support of civil proceedings commenced in Australian courts:
d: 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
e: 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
f: recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals:
g: recognition and enforcement in New Zealand of judgments (other than those imposing civil pecuniary penalties) given in Australian trans-Tasman market proceedings:
h: recognition and enforcement in New Zealand of Australian judgments (including those given in an Australian trans-Tasman market proceeding) imposing civil pecuniary penalties:
i: recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines.
4: This Act also amends sections 150 to 162
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
b: subpoenas issued in criminal proceedings in New Zealand courts to be served and complied with in Australia.
5: New Zealand court New Zealand subpoena section 150
6: Subsections (3) to (5) subparts 1 to 8
7: Part 3 Parts 1 2 Section 3(7) inserted 1 March 2017 section 4 Trans-Tasman Proceedings Amendment Act 2016
4: Interpretation
1: In Parts 1 2 adjudicative function appear remotely appearance or response document section 17(2) audio link audiovisual link Australian Act section 3(2) Australian law Australian trans-Tasman market proceeding
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
ii: a provision of Part VI or XII of the Trade Practices Act 1974 (Aust) in so far as it relates to any of sections 46A, 155A, or 155B of that Act; or
b: any other kind of relief specified in an order under subsection (2)﻿(a)
c: an interlocutory order is sought in relation to a proceeding of the kind mentioned in paragraph (a) or (b)
d: the enforcement is sought of a judgment given in a proceeding of the kind mentioned in paragraph (a) or (b) civil pecuniary penalty civil proceeding commencement New Zealand court or tribunal court criminal proceeding
a: a prosecution for an offence; or
b: 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: determine liability for an offence:
ii: impose a penalty for an offence; or
c: related to or associated with a prosecution or procedure in paragraph (a) or (b) defendant enforcement entitled person
a: in whose favour the judgment was given; or
b: in whom rights under the judgment have (by assignment, succession, or otherwise) become vested examination excluded interim relief section 31(2) excluded matter
a: the dissolution of a marriage:
b: 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)):
ii: an obligation under New Zealand law to maintain a spouse, civil union partner, or de facto partner:
c: the enforcement of a child support obligation:
d: an arrangement or matter declared by an order under subsection (2)﻿(b) to be an arrangement or matter excluded from the operation of subpart 1 5 exclusive choice of court agreement section 25(4) given High Court initiating document
a: by which a civil proceeding is commenced in a New Zealand court or tribunal; or
b: by reference to which a person becomes a party to a civil proceeding in a New Zealand court or tribunal judgment
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
a: was given; or
b: is enforceable under a law of the original jurisdiction money judgment non-money judgment original court or tribunal original jurisdiction party plaintiff procedural rules Parts 1 2
a: defining or governing the exercise of the court's or tribunal's jurisdiction; or
b: regulating the court's or tribunal's practice and procedure proceeding
a: an interlocutory proceeding in the court or tribunal; and
b: a proceeding that relates to an application made to the court or tribunal (including an application for interim relief under subpart 3 proceeds of crime legislation
a: the Proceeds of Crime Act 1987 (Aust):
b: the Proceeds of Crime Act 2002 (Aust):
c: a law of a State or Territory of Australia that is a corresponding law (within the meaning of the Proceeds of Crime Act 2002 (Aust)):
d: any other Australian law that is specified for the purposes of this paragraph by an order under subsection (2)﻿(c):
e: the Proceeds of Crime Act 1991 sections 142A to 142Q
f: the Criminal Proceeds (Recovery) Act 2009 registered section 57 registrable Australian judgment section 54 Registrar
a: means a Registrar of the court or tribunal; and
b: includes a Deputy Registrar of the court or tribunal regulatory regime criminal fine
a: for a criminal offence under a provision of Australian legislation; and
b: that is declared by an order under section 77 subparts 5 8 remote appearance medium
a: an audio link; or
b: an audiovisual link remote evidence section 168 173 submissions in relation to remote evidence
a: submissions on whether, and if so in what way or ways, remote evidence may or must be given; and
b: submissions on whether remote evidence is admitted or admissible; and
c: other submissions in relation to remote evidence superior New Zealand court
a: the Supreme Court of New Zealand; or
b: the Court of Appeal of New Zealand; or
c: the High Court Trans-Tasman Agreement Schedule 1 working day
a: as in the court's or tribunal's procedural rules; or
b: if those rules do not define the term, as in section 13
2: 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 Parts 1 2
b: declare an arrangement or matter to be excluded from the operation of subpart 1 5
c: specify any other Australian law for the purposes of paragraph (d) of the definition of proceeds of crime legislation in subsection (1).
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 March 2017 section 5(1) Trans-Tasman Proceedings Amendment Act 2016 Section 4(1) procedural rules amended 1 March 2017 section 5(2) Trans-Tasman Proceedings Amendment Act 2016 Section 4(1) working day amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 4(2)﻿(a) amended 1 March 2017 section 5(3) Trans-Tasman Proceedings Amendment Act 2016 Section 4(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: 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. 1999 No 85 s 22(2)
6: Trans-Tasman market proceedings provisions not affected
Section 6 repealed 1 March 2017 section 6 Trans-Tasman Proceedings Amendment Act 2016
7: Act binds the Crown
This Act binds the Crown.
8: Regulations
1: The Governor-General may, by Order in Council, make regulations—
a: prescribing applications, forms, notices, and other documents for the purposes of this Act, and requiring their use:
b: providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
9: Procedural rules
1: Rules may be made, under any powers given by any Act to make procedural rules of a court or tribunal, prescribing anything that is required to be prescribed or necessary for carrying this Act into effect.
2: Subsection (1) does not limit any of those powers.
10: Amendments to, and revocations of, other enactments
1: The enactments listed in Parts 1 2
2: The orders listed in Part 3 SR 2013/342 2013-10-11 Evidence Act 2006 Judicature Act 1908 Maritime Transport Act 1994 Reciprocal Enforcement of Judgments Act 1934 Reciprocal Enforcement of Judgments Order 1940 Reciprocal Enforcement of Judgments (Australian Inferior Courts) Order 1992 Reciprocal Enforcement of Judgments (Commonwealth of Australia) Order 1987 Reciprocal Enforcement of Judgments (Northern Territory of Australia) Order 1957 Reciprocal Enforcement of Judgments Order 1940 (No 2) Reciprocal Enforcement of Judgments Order 1955 Reciprocal Enforcement of Judgments Order 1940, Amendment No 2 [not on the web, so has not been linked]; Part 1 brought into force on 11 October 2013 by SR 2013/342/2
2: Trans-Tasman proceedings
1: Service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals
11: Guide to this subpart
1: This subpart is about serving defendants in Australia with initiating documents for certain civil proceedings in New Zealand courts or tribunals.
2: This subpart allows defendants to be served with the initiating document in Australia and provides for how that service must be done.
3: Defendants must be given certain information when served with the initiating document. The New Zealand court or tribunal 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: Application of this subpart
1: This subpart applies to a civil proceeding commenced after the commencement of this subpart, or a civil proceeding commenced 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
b: a civil proceeding commenced in a New Zealand tribunal, but only if—
i: the tribunal's procedural rules permit an initiating document relating to the proceeding to be served outside New Zealand; and
ii: the tribunal is declared by an order under subsection (3)﻿(a)
2: However, this subpart does not apply to—
a: a civil proceeding that relates wholly or partly to an excluded matter; or
b: a civil proceeding that relates wholly or partly to an action in rem
c: a civil proceeding in a New Zealand tribunal declared by an order under subsection (3)﻿(b)
3: The Governor-General may, by Order in Council,—
a: declare a New Zealand tribunal to be a tribunal to which this subpart applies:
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 section 66(1)﻿(b)﻿(i)
5: An order under subsection (3) is secondary legislation ( see Part 3 1908 No 89 Schedule 2 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 12(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
13: Service of initiating documents in Australia
1: An initiating document for the proceeding may be served in Australia under this subpart.
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 tribunal, to be served in New Zealand.
3: 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 Australia; or
b: to be satisfied that there is a connection between the proceeding and New Zealand. 1908 No 89 Schedule 2
14: Effect of service under section 13
Service in Australia under section 13
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
2: The prescribed information for the defendant must be or include general information about—
a: steps that the defendant must or may take in relation to the proceeding; and
b: consequences of the document being served on the defendant in Australia under section 13
3: The Governor-General may, by Order in Council, make regulations prescribing information for the defendant for the purposes of, and under, this section.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Consequences of failing to provide information
1: Failure to comply with section 15(1)
a: the proceeding; or
b: any step taken in, or in respect of, the proceeding.
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: the proceeding; or
b: any step taken in, or in respect of, the proceeding.
3: The defendant's application can only be made—
a: within a reasonable time after the defendant becomes aware of the failure; and
b: before the defendant has taken any fresh step after the defendant becomes aware of the failure. 1908 No 89 Schedule 2
17: Time for filing appearance or response document
1: A defendant who is served with an initiating document in Australia under section 13
a: within the period (the default period
i: 30 working days of the commencement New Zealand court or tribunal after the day on which the initiating document was served on the defendant:
ii: the period within which the procedural rules of the commencement New Zealand court or tribunal would have required or permitted the defendant to file an appearance or response document if the initiating document had been served in New Zealand; or
b: 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
a: a defendant who has been served under section 13
b: states an address for service in New Zealand or Australia; and
c: either—
i: complies with all requirements (other than requirements 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
ii: the commencement New Zealand court or tribunal determines to be acceptable despite any non-compliance with such requirements.
18: Defendant's address for service
1: The address for service stated by the defendant in the appearance or response document for a proceeding is to be treated as the defendant’s address for service for the proceeding.
2: 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.
19: Defendant may appear remotely in hearing of application for stay
1: This section applies to a defendant who—
a: was served, or purportedly served, in Australia under section 13
b: applies under section 22
2: Under section 23(4) section 38 subpart 4
a: the defendant makes to the court under section 23(4)﻿(c)
b: a remote appearance medium is, or can reasonably be made, available.
3: This section is by way of explanation only. It does not affect section 23(4)
20: Security for costs
1: A commencement New Zealand court or tribunal that considers it appropriate in all the circumstances to do so may, on an application by a defendant served, or purportedly served, under section 13
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
ii: by giving, to the satisfaction of the New Zealand court or tribunal or the Registrar, security for that sum; and
b: may stay the proceeding until the sum is paid or the security is given.
3: 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.
4: A plaintiff's solicitor must not be accepted as surety for a security that the plaintiff is required to give under subsection (1). 1908 No 89 Schedule 2
2: New Zealand courts declining jurisdiction on grounds that Australian court is more appropriate forum
21: Guide to this subpart
1: 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.
2: The New Zealand court may only stay the proceeding if the defendant applies for the proceeding to be stayed. The defendant 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 appropriate.
3: 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 Australian 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 section 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.
2: 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
3: 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
b: 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 appropriate. Service and Execution of Process Act 1992 s 20(2) (Aust)
23: Hearing on, or other determination of, application
1: The New Zealand court may determine the defendant's application under section 22
2: However, the New Zealand court must determine the defendant's application under section 22
a: the plaintiff; and
b: the defendant; and
c: any other person who is required or permitted, by regulations under subsection (5)﻿(a)
3: The request must be made—
a: within 10 working days of the New Zealand court after the day the defendant made the application; or
b: if, before or after the end of the period in paragraph (a) subsection (2)
4: The defendant, the defendant's counsel, or both may, despite section 38 subpart 4
a: the defendant was served, or purportedly served, in Australia under section 13
b: the New Zealand court is determining with a hearing the defendant's application under section 22
c: 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)
d: a remote appearance medium is, or can reasonably be made, available.
5: The Governor-General may, by Order in Council, make regulations—
a: requiring or permitting the defendant's application under section 22
b: prescribing a period for the purposes of subsection (4)﻿(c)
6: Regulations under subsection (5) are secondary legislation ( see Part 3 Service and Execution of Process Act 1992 s 20(6), (7) (Aust) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Order of stay of proceeding
1: On an application under section 22
a: has jurisdiction to determine the matters in issue between the parties to the proceeding; and
b: is the more appropriate court to determine those matters.
2: In determining whether an Australian court is the more appropriate court to determine the matters in issue between the parties 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 matters:
a: the places of residence of the parties or, if a party is not an individual, its principal place of business:
b: the places of residence of the witnesses likely to be called in the proceeding:
c: the place where the subject matter of the proceeding is situated:
d: 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 exclusive choice of court agreement to which section 25(1)
e: the law that it would be most appropriate to apply in the proceeding:
f: whether a related or similar proceeding has been commenced against the defendant or another person in a court in Australia:
g: the financial circumstances of the parties, so far as the New Zealand court is aware of them:
h: any other matters that the New Zealand court considers relevant. Service and Execution of Process Act 1992 s 20(3), (4) (Aust)
25: Exclusive choice of court agreements
1: On an application under section 22 section 24
a: must, by order, stay the proceeding, if satisfied that an exclusive choice of court agreement designates an Australian 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 matters.
2: However, subsection (1)﻿(a)
a: it is null and void under the law (including, without limitation, the rules of private international law) of Australia; or
b: under New Zealand law, a party to it lacked the capacity to conclude it; or
c: giving effect to it would lead to a manifest injustice or would be manifestly contrary to New Zealand public policy; or
d: for exceptional reasons beyond the control of the parties to it, it cannot reasonably be performed; or
e: 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)
4: Exclusive choice of court agreement
a: 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
b: is not an agreement the parties to which are or include 1 or more individuals acting primarily for personal, family, or household purposes; and
c: is not a contract of employment (including, without limitation, a collective agreement).
26: Power to make stay subject to conditions
An order under section 24 25 1908 No 89 Schedule 2
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.
2: However, this subpart does not affect any power of the New Zealand court to stay the proceeding on any other grounds. Service and Execution of Process Act 1992 s 20(9) (Aust)
28: No restraint of proceedings
1: A New Zealand court must not restrain a person from commencing 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. Service and Execution of Process Act 1992 s 21 (Aust)
29: Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts
1: This section applies if—
a: a claim is made in a proceeding commenced in an Australian court (the Australian proceeding
b: the claim is to be made again in a proceeding commenced in a New Zealand court (the New Zealand proceeding
2: For the purposes of every applicable limitation period or defence under New Zealand law, the New Zealand proceeding is to be treated as commencing at the time the Australian proceeding commenced.
3: New Zealand courts giving interim relief in support of civil proceedings in Australian courts
30: Guide to this subpart
1: This subpart provides for certain New Zealand courts to give interim relief in support of civil proceedings in Australian courts.
2: For the New Zealand court to give interim relief, a party to the Australian proceeding must apply for it.
3: 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 commencement 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: the High Court:
b: a New Zealand court (other than the High Court) declared by an order under subsection (3)
2: Interim relief is excluded interim relief
a: an interim payment:
b: discovery:
c: a warrant of arrest of property:
d: any action, assistance, order, or other relief under subpart 1 2
3: 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)
4: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32: Giving of interim relief in support of Australian proceeding
1: On an application under section 31(1)
a: the court considers it appropriate to give the interim relief in support of the Australian proceeding; and
b: the court, if a proceeding similar to the Australian proceeding had been commenced in the court,—
i: would have had power to give the interim relief in the similar proceeding; and
ii: would have given the interim relief in the similar proceeding.
2: 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. 1908 No 89 Schedule 2
33: 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)
4: Remote appearances unrelated to remote evidence
Introduction
34: Guide to this subpart
1: This subpart is about people appearing remotely from Australia in New Zealand civil proceedings, and people appearing remotely from New Zealand in Australian civil proceedings. However, this subpart applies only to remote appearances unrelated to remote evidence in those proceedings. Trans-Tasman remote appearances related to remote evidence in civil or criminal proceedings are governed by subpart 1
2: Sections 38 to 43
a: in a civil proceeding in a New Zealand court or a prescribed New Zealand tribunal; and
b: by a party or a party’s lawyer; and
c: not related to remote evidence in the proceeding.
3: Sections 44 to 51 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
b: give certain privileges, protections, and immunities to participants in the remote appearances; and
c: specify offences that apply for particular conduct engaged in (for example, obstructing the proceeding) at the place in New Zealand from where the remote appearances are being made. How subpart relates to other Acts
35: Evidence Act 2006 trans-Tasman evidence regime governs remote appearances related to remote evidence
1: This subpart applies only to a remote appearance by or on behalf of a party to a civil proceeding, and that is a remote appearance to do things other than all or any of the following:
a: give evidence:
b: examine a person giving remote evidence:
c: make submissions in relation to remote evidence.
2: This subpart therefore does not affect, but complements, subpart 1 Evidence Act 2006
a: sections 168 to 172 section 150
b: sections 173 to 180 section 150
36: 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) sections 37 to 43 44 to 51 2006 No 69 s 153A Remote appearances from Australia in New Zealand proceedings
37: Application of sections 38 to 43
1: Sections 38 to 43
a: a New Zealand court; or
b: a New Zealand tribunal declared by an order under subsection (3) sections 38 to 43
2: By way of explanation, the proceeding may, but need not, relate to enforcement of a judgment registered under subpart 5
a: made by a defendant served or purportedly served in Australia under section 13
b: for an order under subpart 2
c: to be determined with a hearing in which the defendant is, under section 23(4)
3: The Governor-General may, by Order in Council, declare a New Zealand tribunal to be a tribunal to which sections 38 to 43
4: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings
1: 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
b: if the court or tribunal does not specify a remote appearance medium, either remote appearance medium.
2: The court or tribunal must not give leave to the party or the party's counsel unless it is satisfied that—
a: the party or the party's counsel can more conveniently participate in the hearing from Australia; and
b: if the court or tribunal intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and
c: 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
d: it is appropriate to give the leave.
3: 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 individual, has its principal place of business, in a State or Territory of Australia; and
b: the counsel is entitled to practise as a barrister, a solicitor, or both in the Supreme Court of a State or Territory of Australia.
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)
a: 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
b: each of those appearances is for the purposes of section 27(1)﻿(b)﻿(i)
39: Appearing remotely without leave in hearing of application for stay
1: This section applies to a defendant who—
a: was served, or purportedly served, in Australia under section 13
b: applies under section 22
2: Under section 23(4) section 38
a: the defendant makes to the court under section 23(4)﻿(c)
b: a remote appearance medium is, or can reasonably be made, available.
3: This section is by way of explanation only. It does not affect section 23(4)
40: Remote appearances from Australia by audiovisual link
A person must not appear remotely from Australia by audiovisual link unless the courtroom or other place in New Zealand where the court or tribunal is sitting (the New Zealand place Australian place
a: people who are at the New Zealand place to see and hear the person appearing remotely from the Australian place; and
b: people who are at the Australian place to see and hear people at the New Zealand place. 1908 No 89 Schedule 2 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 Australian place
a: people who are at the New Zealand place to hear the person appearing remotely from the Australian place; and
b: people who are at the Australian place to hear people at the New Zealand place. 2006 No 69 s 171
42: Costs of remote appearances from Australia
1: Unless the New Zealand court or tribunal otherwise orders, the costs involved in the party, the party's counsel, or both participating in hearings by using a remote appearance medium, under section 23(4) section 38
2: The New Zealand court or tribunal may make an order specifying the amount payable by a party under subsection (1), and requiring the party to pay that amount.
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 the District Court
b: when so filed, is enforceable as a judgment of the District Court Section 42(3)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 42(3)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
43: Powers of New Zealand court or tribunal in Australia
For the purposes of a remote appearance from Australia under section 23(4) section 38 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
b: a remote appearance medium is, or can reasonably be made, available.
45: Powers of Australian courts or tribunals in New Zealand
1: For the purposes of a remote appearance by a person in New Zealand under section 44
a: punish for contempt; and
b: enforce or execute its judgments or process.
2: The Australian law that applies to the proceeding in Australia also applies, subject to subsection (1) section 44
46: Orders of Australian courts and tribunals
1: The Australian court or tribunal may, by order,—
a: direct that the hearing or any part of the hearing be held in private; or
b: require any person to leave the place in New Zealand from which the appearance is being or is to be made; or
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
47: Enforcement of orders of Australian courts and tribunals
1: An order under section 46
a: must be complied with; and
b: may be enforced by a Judge of the High Court.
2: 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.
48: Place from which remote appearance made part of Australian court or tribunal
For the purposes of sections 45 46
49: Privileges, protections, and immunities of participants in Australian proceedings
1: A Judge, Associate Judge, Magistrate, or Master of an Australian court or member of an Australian tribunal has, in relation to a remote appearance by a person in New Zealand under section 44
2: A person in New Zealand appearing remotely under section 44
3: A person in New Zealand appearing remotely under section 44 1908 No 89 s 26IB(2)﻿(b) 2006 No 69 s 177
50: Contempt of Australian courts or tribunals
1: A person commits an offence if the person—
a: is at a place in New Zealand from which a remote appearance is made in a hearing in or related to a proceeding before an Australian court or tribunal; and
b: assaults—
i: a party to the proceeding; or
ii: a person appearing as a barrister, a solicitor, or both in the proceeding; or
iii: an officer of a New Zealand court or tribunal giving assistance under section 51
2: A person commits an offence if the person—
a: is at a place in New Zealand from which a remote appearance is made in a hearing in or related to a proceeding before an Australian court or tribunal; and
b: threatens, intimidates, or wilfully insults—
i: a Judge, Associate Judge, Magistrate, or Master of the Australian court or member of the Australian tribunal taking part in the proceeding; or
ii: a Registrar or officer of the Australian court or tribunal taking part in, or assisting with, the proceeding; or
iii: a party to the proceeding; or
iv: a person appearing as a barrister, a solicitor, or both in the proceeding; or
v: a witness in the proceeding.
3: A person commits an offence if the person—
a: is at a place in New Zealand from which a remote appearance is made in a hearing in or related to a proceeding 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 appearance is made in a hearing in or related to a proceeding 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.
5: Every person who commits an offence against this section is liable on 1908 No 89 s 56C 1947 No 16 s 112 2003 No 53 s 35 2006 No 69 s 179 Section 50(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
51: Assistance to Australian courts and tribunals
An officer of a New Zealand court or tribunal may, at the request 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 proceeding before the Australian court or tribunal; and
b: take any action that the Australian court or tribunal directs to facilitate the proceeding.
5: Recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals
52: Guide to this subpart
1: This subpart is about the enforcement in New Zealand of specified judgments of Australian courts and tribunals.
2: To be enforceable, the judgment has to be registered in a New Zealand court. To be registered, the judgment must be a registrable Australian judgment (which is defined in section 54
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
a: section 63(2)
b: section 64
c: section 65
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
2: By way of explanation, the judgment therefore cannot be enforced by way of—
a: a registration or other enforcement process under Part 1 section 172
b: any common law, or other non-legislative, action or claim to enforce the judgment. Section 53(2)﻿(a) amended 1 March 2017 section 7 Trans-Tasman Proceedings Amendment Act 2016
54: Registrable Australian judgment defined
1: A judgment is a registrable Australian judgment
a: the judgment is a final and conclusive judgment that is given in a civil proceeding by an Australian court; or
b: both of the following are satisfied:
i: the judgment is a final and conclusive judgment that is given in a civil proceeding by an Australian tribunal declared under section 55(1)﻿(a)
ii: the judgment is an order declared under section 55(1)﻿(b)
c: both of the following are satisfied:
i: the judgment is a final and conclusive judgment that is given in a criminal proceeding by an Australian court; and
ii: the judgment is a requirement to pay an injured party a sum of money by way of compensation, damages, or reparation; or
d: both of the following are satisfied:
i: the judgment is a final and conclusive judgment that is given in a civil proceeding or a criminal proceeding by an Australian court; and
ii: the judgment is an order made under the Australian Act by an Australian court (as defined in section 150
A: incurred by a witness (as so defined) in complying with an Australian subpoena (as so defined) served on the witness in New Zealand; or
B: incurred by a person in connection with the taking of remote evidence, or the receipt of examination or submissions (as so defined) in relation to remote evidence, from New Zealand by audio link or audiovisual link, as the case may be; or
e: the judgment is a final and conclusive judgment that is registered in an Australian court under the Foreign Judgments Act 1991 (Aust).
2: However, a judgment is not a registrable Australian judgment subsection (1)
a: relates to an excluded matter; or
b: is a non-money judgment of a kind that is declared by an order under subsection (3)
c: 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
d: is a judgment (including one given in an Australian trans-Tasman market proceeding) imposing a civil pecuniary penalty (but a judgment of that kind is a registrable Australian judgment for the purposes of this subpart by virtue of subpart 7
e: is an order under proceeds of crime legislation; or
f: is an order relating to the granting of probate or letters of administration or the administration of the estate of a deceased person; or
g: is an order relating to the guardianship or care of a person who is incapable of managing his or her personal affairs; or
h: is an order relating to the management of the property of a person who is incapable of managing that property; or
i: is an order relating to the care, control, or welfare of a child; or
j: 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
k: 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)).
3: For the purposes of subsection (2)﻿(b)
4: For the purposes of subsection (1)
a: a person may appeal against it in an Australian court; or
b: an appeal against it in an Australian court has not been finally determined.
5: An order under subsection (3) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 54(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
55: Orders applying subpart to Australian tribunals and their orders
1: 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:
b: declare all orders, or 1 or more specified classes or kinds of orders, of an Australian tribunal declared to be a tribunal to which this subpart applies to be orders to which this subpart applies.
2: Orders of an Australian tribunal must not be declared under subsection (1)﻿(b)
a: made by the Australian tribunal in or in connection with the performance of an adjudicative function; and
b: enforceable (with or without being filed or registered in a court) without an order of a court.
3: An order under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 55(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Application to register Australian judgment
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: the High Court; or
b: 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)
b: made in accordance with the requirements (if any) prescribed by regulations under subsection (3)
c: made—
i: within 6 years after the day on which the judgment is given; or
ii: 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
iii: if, before or after the period in subparagraph (i) or (ii)
3: The Governor-General may, by Order in Council, make regulations prescribing the form of, and requirements for, an application under this section.
4: Requirements prescribed under subsection (3)
5: Subsection (4) subsection (3)
6: Regulations under subsection (3) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 56(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
57: Registration of registrable Australian judgments
1: A Registrar of a New Zealand court must, on application under section 56
2: Once registered, the judgment remains registered unless the registration is set aside under section 61
58: Currency
1: If a sum of money payable under a registrable Australian judgment is expressed in a currency other than New Zealand currency, 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 particular currency, in that currency; and
b: 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
2: Working day subsection (1)﻿(b) section 13
3: The rate of exchange on the conversion day is that determined in the prescribed manner.
4: The Governor-General may, by Order in Council, make regulations prescribing the manner of determining the rate of exchange on the conversion day.
5: This section is subject to section 59
6: Regulations under subsection (4) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 58(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 58(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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 judgment may be registered under section 57
60: Judgments only some provisions of which are registrable
1: 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
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
b: some of the provisions of the judgment (the registrable provisions
2: The judgment may be registered in the New Zealand court under section 57 1934 No 11 s 4(5)
61: Setting aside registration
1: This section specifies the only situations in which a New Zealand court in which an Australian judgment has been registered under section 57
2: The New Zealand court must, on application by a liable person within the applicable period under subsection (3)
a: the judgment was registered in contravention of this Act; or
b: enforcement of the judgment would be contrary to public policy in New Zealand; or
c: both of the following subparagraphs apply:
i: the judgment was given in a proceeding the subject matter of which was immovable property, or was given in a proceeding in rem
ii: that property was, at the time of the proceeding in the original court or tribunal, not situated in Australia.
3: An application under subsection (2)
a: 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
b: if the liable person, before or after the end of the period in paragraph (a) 1934 No 11 s 6
62: Notice to liable person
1: If a New Zealand court registers an Australian judgment under section 57
2: The notice must—
a: be in the form (if any) prescribed by regulations under subsection (4)﻿(a)
b: be given in the manner (if any) prescribed by regulations under subsection (4)﻿(b)
3: The notice must be given—
a: within 15 working days of the New Zealand court after the day of registration; or
b: if, before or after the end of the period in paragraph (a)
4: The Governor-General may, by Order in Council, make regulations prescribing—
a: the form of notice to be given under subsection (1)
b: the manner of giving notice under subsection (1)
5: Regulations under subsection (4) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 62(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
63: Effect of registration and notification
1: A registered Australian judgment has the same force and effect, and may give rise to the same proceedings for enforcement, 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 subsection (1)
3: Subsection (1)
a: section 64
b: any order under section 65(1)﻿(a) or (b)
c: section 67
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 tribunal.
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 subsection (3)
a: not be commenced until a specified time or event; or
b: be stayed for a specified period.
2: The order—
a: must be made subject to the following conditions:
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:
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)
a: 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
b: if the liable person, before or after the end of the period in paragraph (a)
4: 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 subsection (1)
5: This section does not affect any other powers of the New Zealand court to delay or stay the enforcement of the registered 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.
66: Costs and expenses of enforcement of registered Australian judgments
1: If a proceeding for enforcement of a registered Australian judgment is commenced in a New Zealand court, the following 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:
b: costs and expenses reasonably incurred by or on behalf of the entitled person in attempting to enforce the judgment in the original court or tribunal.
2: However, an entitled person's entitlement to recover, and a liable person's liability to pay, the costs and expenses specified in subsection (1)﻿(b)
a: a judgment given by the New Zealand court that is similar to the registered Australian judgment; or
b: 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: Interest on registered Australian judgments
Interest on a sum of money payable under a registered Australian 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
b: is recoverable to the extent that an entitled person satisfies the Registrar of the New Zealand court of the amount of interest that is payable under paragraph (a)
68: Enforcement of registered Australian judgment unaffected by certain rules of private international law
1: Enforcement in New Zealand of a registered Australian judgment is not affected by the operation of any rule of private international law (other than any rule in this subpart) in operation in New Zealand.
2: 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 indirect enforcement in New Zealand of an Australian public law:
b: Australian tax is payable under the judgment:
c: the judgment imposes a civil pecuniary penalty or a regulatory regime criminal fine.
3: Subsection (2) subsection (1) 1978 No 103 s 89
6: Recognition and enforcement in New Zealand of judgments given in Australian trans-Tasman market proceedings
69: Guide to this subpart
This subpart makes judgments given in an Australian trans-Tasman market proceeding, and that do not impose a civil pecuniary penalty, registrable Australian judgments for the purposes 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
a: is given in an Australian trans-Tasman market proceeding; and
b: does not impose a civil pecuniary penalty (but a judgment given in an Australian trans-Tasman market proceeding and that imposes a civil pecuniary penalty is a registrable Australian judgment for those purposes by virtue of subpart 7 1934 No 11 ss 8A–8D
71: Registrable judgments include interim injunctions and other interlocutory orders
The judgment referred to in section 70
a: an interlocutory order that is an interim or interlocutory injunction (whether obtained on or without notice); or
b: any other interlocutory or final order requiring a person to perform an act, make a payment (other than a payment of a civil pecuniary penalty), observe a condition, or refrain from performing an act or from engaging in specified conduct. 1934 No 11 s 8A
72: Registration applications may be made only to High Court
1: An application under section 56
a: is given in an Australian trans-Tasman market proceeding; and
b: does not impose a civil pecuniary penalty.
2: Subsection (1) section 56 section 56(1)﻿(a) or (b) 1934 No 11 s 8D(1)
7: Recognition and enforcement in New Zealand of Australian judgments imposing civil pecuniary penalties
73: 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) 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
a: is given by an Australian court in a civil proceeding (including an Australian trans-Tasman market proceeding) and imposes a civil pecuniary penalty; and
b: is not a kind of judgment imposing a civil pecuniary penalty that is declared by an order under subsection (2) subpart 5
2: The Governor-General may, by Order in Council, declare a kind of judgment imposing a civil pecuniary penalty to be excluded from recognition or enforcement under subpart 5
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
75: Registration applications may be made only to specified courts
1: Subsection (2) section 56
a: is given otherwise than in an Australian trans-Tasman market proceeding; and
b: imposes a civil pecuniary penalty.
2: The application may be made only to a Registrar of a New Zealand court that is—
a: the High Court; or
b: 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.
3: The civil pecuniary penalty under New Zealand law that is referred to in subsection (2)﻿(b)
4: Subsection (5) section 56
a: is given in an Australian trans-Tasman market proceeding; and
b: imposes a civil pecuniary penalty.
5: The application may be made only to a Registrar of the High Court.
6: Subsections (2) and (5) section 56 section 56(1)﻿(a) or (b)
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) 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
a: is given by an Australian court in a criminal proceeding and imposes a regulatory regime criminal fine; and
b: complies with any conditions prescribed by an order under subsection (2)﻿(b) 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
b: prescribe conditions with which a judgment imposing a fine declared under paragraph (a) subpart 5
3: Section 5 subsection (2)
4: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
78: Registration applications may be made only to High Court
1: An application under section 56
2: Subsection (1) section 56 section 56(1)﻿(a) or (b)
3: Special provisions applying to certain proceedings in High Court of New Zealand and Federal Court of Australia
Part 3 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
79: Part not limited by Part 1 or 2
This Part is not limited or affected by Part 1 2 Section 79 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
80: Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
Nothing in the Courts (Remote Participation) Act 2010 2010 No 108 s 36 Section 80 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
81: Interpretation
In this Part, unless the context otherwise requires,— Australian proceeding
a: means a proceeding in which a matter for determination arises, whether or not any other matter arises for determination, under—
i: any of sections 46A, 155A, and 155B
ii: a provision of Part VI or XII sections 46A, 155A, and 155B
b: includes an interlocutory proceeding related to such a proceeding and an application for the issue, execution, or enforcement of a judgment, an order, or an injunction given, made, or granted in such a proceeding Federal Court New Zealand proceeding
a: means a proceeding in which a matter for determination arises, whether or not any other matter arises for determination, under—
i: any of sections 36A 98H 99A
ii: a provision of Part 6 7 sections 36A 98H 99A
b: includes an interlocutory proceeding related to such a proceeding and an application for the issue, execution, or enforcement of a judgment, an order, or an injunction given, made, or granted in such a proceeding. 1908 No 89 s 56D Section 81 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
82: High Court may order New Zealand proceedings to be heard in Australia
1: The High Court may, if it is satisfied that a New Zealand proceeding could more conveniently or fairly be tried or heard by the High Court in Australia or that the evidence in a New Zealand proceeding could more conveniently be given in Australia, as the case may be, order that the proceeding be tried or heard in Australia, or that the evidence be taken in Australia, and may sit in Australia for that purpose.
2: The order must specify—
a: the place in Australia where the proceeding will be tried or heard or the evidence taken, as the case may be:
b: the date or dates of the trial or hearing or on which the evidence will be taken, as the case may be:
c: any other matters relating to the trial or the hearing or the taking of the evidence, as the case may be, as the court thinks fit.
3: Without limiting the powers of the High Court in relation to the proceeding, the High Court may give judgment in, or make any determination for the purposes of, a New Zealand proceeding in Australia. 1908 No 89 s 56E Section 82 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
83: Australian counsel entitled to practise in High Court
A person who is entitled to practise as a barrister or solicitor, or both, in the Federal Court is entitled to practise as a barrister or solicitor, or both, in relation to—
a: a New Zealand proceeding before the High Court sitting in Australia:
b: the examination, cross-examination, or re-examination of a witness in Australia whose evidence is being taken by audio link or audiovisual link in a New Zealand proceeding before the High Court in New Zealand:
c: the making of submissions by audio link or audiovisual link to the High Court in New Zealand in a New Zealand proceeding. 1908 No 89 s 56F Section 83 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
84: High Court may set aside subpoena issued in New Zealand proceeding
1: On application, the High Court may set aside an order of subpoena issued by the High Court requiring the attendance of a person in Australia to give evidence or to produce documents to the High Court for the purposes of a New Zealand proceeding.
2: An application under subsection (1) must be made by the person served with the order of subpoena and may be made ex parte
3: Without limiting the grounds on which the order of subpoena may be set aside, the High Court may set the order aside on any of the following grounds:
a: that the witness does not have, and cannot reasonably be expected to obtain, the necessary travel documents:
b: that the witness is liable to be detained for the purpose of serving a sentence:
c: that the witness is liable to prosecution for an offence:
d: that the witness is liable to the imposition of a penalty in civil proceedings, not being proceedings for a pecuniary penalty under section 80 83
e: that the evidence of the witness can be obtained without significantly greater expense by other means:
f: that compliance with the order of subpoena would cause hardship or serious inconvenience to the witness:
g: in the case of an order of subpoena that requires a witness to produce documents, whether or not it also requires the witness to give evidence, that the court is satisfied that the documents should not be taken out of Australia and that evidence of the contents of the documents can be given by other means.
4: Every application to set aside an order of subpoena under subsection (1) must be made by affidavit.
5: The affidavit must—
a: be sworn by the applicant; and
b: set out the facts on which the applicant relies; and
c: be filed in the office of the court that issued the order of subpoena.
6: The Registrar of the court must ensure that a copy of the affidavit is served on the solicitor on the record for the party to the proceedings who obtained the order of subpoena, or, if there is no solicitor on the record, on that party. 1908 No 89 s 56G Section 84 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
85: Injunctions and orders in New Zealand proceedings
Despite any rule of law, the High Court may, in a New Zealand proceeding, make an order or grant an injunction that the court is empowered to make or grant that requires a person to do an act, or refrain from engaging in conduct, in Australia. 1908 No 89 s 56H Section 85 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
86: Issue of subpoenas in New Zealand proceedings
1: An order of subpoena may, with the leave of a Judge, be obtained in a New Zealand proceeding to require a person in Australia to give evidence, or to produce documents or things, or both, to the High Court at a sitting of that court in New Zealand or in Australia.
2: An order of subpoena, issued for the purposes of a New Zealand proceeding, that requires a witness in Australia to produce documents or things, but does not require the witness to give evidence, must permit the witness to comply with the order of subpoena by producing the documents or things to a specified registry of the Federal Court. 1908 No 89 s 56I Section 86 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
87: Powers of Federal Court of Australia
1: The Federal Court of Australia may exercise all the powers of that court—
a: at a sitting of that court in New Zealand held for the purposes of an Australian proceeding:
b: at a sitting of that court in Australia held for the purposes of an Australian proceeding at which the evidence of a witness in New Zealand is taken by audio link or audiovisual link or at which submissions are made in New Zealand by a barrister or solicitor, or both, or by a party to the proceedings by audio link or audiovisual link.
2: Without limiting subsection (1), the Federal Court of Australia Act 1976 (Aust)
3: Without limiting subsection (1), the Federal Court may, at any such sitting of the court in New Zealand or in Australia, by order—
a: direct that the hearing or any part of the hearing be held in private:
b: require any person to leave the court:
c: prohibit or restrict the publication of evidence or the name of any party or any witness.
4: Nothing in subsection (1) or (2) applies in relation to—
a: the power of the court to punish any person for contempt; or
b: the prosecution of any person for an offence committed as a witness; or
c: the enforcement or execution of any judgment, order, injunction, writ, or declaration given, made, or granted by the court.
5: An order made under subsection (3) may be enforced by a Judge of the High Court who, for that purpose, has and may exercise the powers, including the power to punish for contempt, that would be available to enforce the order if it had been made by that Judge. 1908 No 89 s 56J Section 87 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
88: Issue of subpoenas in Australian proceedings
1: An order of subpoena, issued by the Federal Court with the leave of a Judge of that court, requiring the attendance of a person in New Zealand to give evidence or to produce documents for the purposes of an Australian proceeding may be served on that person in New Zealand by leaving a sealed copy of the subpoena with that person personally, together with a statement setting out the rights and obligations of that person, including information as to the manner in which an application may be made to that court to have the subpoena set aside.
2: A person who has been served with an order of subpoena under subsection (1) may not be compelled to comply with the order unless, at the time of service of the order or at some other reasonable time before the hearing, allowances and travelling expenses or vouchers sufficient to enable that person to comply with the order are tendered or paid to that person. 1908 No 89 s 56K Section 88 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
89: Failure of witness to comply with subpoena issued in Australian proceeding
1: The High Court may, on receiving a certificate under the seal of the Federal Court stating that a person named in the certificate has failed to comply with an order of subpoena requiring that person to attend as a witness for the purposes of an Australian proceeding, issue a warrant requiring any constable to arrest that person and bring that person before the court.
2: The High Court may, on the appearance of that person before the court, impose a fine not exceeding $1,000, unless the court is satisfied that the failure to comply with the order of subpoena, the onus of proof of which lies with that person, should be excused.
3: In determining whether the failure to comply with the order of subpoena should be excused, the High Court may have regard to—
a: any matters that were not brought to the attention of the Federal Court if the High Court is satisfied that—
i: the Federal Court would have been likely to have set aside the order of subpoena if those matters had been brought to the attention of that court; and
ii: the failure to bring those matters to the attention of the Federal Court was not because of any fault on the part of the person alleged to have failed to comply with the order of subpoena or was because of an omission by that person that should be excused; and
b: any matters to which the High Court would have regard if the order of subpoena had been issued by the High Court.
4: For the purposes of this section, but subject to subsection (3), a certificate under the seal of the Federal Court is conclusive evidence of the matters stated in it if the certificate states—
a: that the order of subpoena was issued by that court:
b: that the witness failed to comply with the order of subpoena:
c: the decision of that court, or any orders or findings of fact made by that court, in relation to any application made to that court to have the order of subpoena set aside.
5: Subject to subsection (3), no findings of fact made by the Federal Court on an application to that court to have the order of subpoena set aside may be challenged by any person alleged to have failed to comply with the order unless the court was deliberately misled in making those findings of fact. 1908 No 89 s 56L Section 89 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
90: Federal Court of Australia may administer oaths in New Zealand
1: The Federal Court may administer an oath or affirmation in accordance with the practice and procedure of that court—
a: at any sitting of that court in New Zealand held for the purposes of an Australian proceeding; or
b: for the purposes of obtaining the evidence of a person in New Zealand by audio link or audiovisual link at a sitting of that court in Australia.
2: Evidence given by a person on oath or affirmation administered by the Federal Court under subsection (1) for the purposes of section 108 1908 No 89 s 56M Section 90 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
91: Orders made by Federal Court of Australia not subject to review
No application for review under the Judicial Review Procedure Act 2016 1908 No 89 s 56N Section 91 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
92: Contempt of Federal Court of Australia
1: Every person commits an offence who, at any sitting of the Federal Court in New Zealand,—
a: assaults, threatens, intimidates, or wilfully insults—
i: a Judge of that court; or
ii: a Registrar or an officer of that court; or
iii: a person appearing as a barrister or solicitor, or both, before that court; or
iv: a witness in proceedings before that court; or
b: wilfully interrupts or obstructs the proceedings; or
c: wilfully and without lawful excuse disobeys any order or direction of the court in the course of the proceedings.
2: 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. 1908 No 89 s 56O Section 92 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
93: Arrangements to facilitate sittings
1: The Chief Justice of New Zealand may make arrangements with the Chief Justice of the Federal Court for the purposes of giving effect to this Part.
2: Without limiting subsection (1), arrangements may be made—
a: to enable the High Court to sit in Australia in New Zealand proceedings in the courtrooms of the Federal Court or in other places in Australia:
b: to enable the Federal Court to sit in New Zealand in Australian proceedings in the courtrooms of the High Court or in other places in New Zealand:
c: to enable evidence to be given and submissions of counsel to be made in New Zealand proceedings or in Australian proceedings by audio link or audiovisual link:
d: for the provision of registry facilities and court staff for the purposes of a New Zealand proceeding or an Australian proceeding. 1908 No 89 s 56P Section 93 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
94: Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings
1: A Judge of the Federal Court sitting as a Judge of that court in New Zealand in an Australian proceeding has all the protections, privileges, and immunities of a Judge of the High Court.
2: A witness has all the privileges and immunities of a witness in the High Court when the witness gives evidence in an Australian proceeding—
a: at a sitting in New Zealand of the Federal Court; or
b: by audio link or audiovisual link at a sitting in Australia of the Federal Court.
3: A person has all the privileges and immunities of counsel in the High Court when appearing as a barrister or solicitor, or both, in an Australian proceeding—
a: at a sitting in New Zealand of the Federal Court; or
b: by audio link or audiovisual link at a sitting in Australia of the Federal Court.
4: A person has all the privileges and immunities of a party in the High Court when appearing as a party in an Australian proceeding—
a: at a sitting in New Zealand of the Federal Court; or
b: by audio link or audiovisual link at a sitting in Australia of the Federal Court. 1908 No 89 s 56Q Section 94 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
95: High Court may take evidence at request of Federal Court
1: The High Court may, at the request of the Federal Court, take evidence in New Zealand for the Federal Court for the purposes of an Australian proceeding and may, by order, make any provision it considers appropriate for the purpose of taking that evidence.
2: An order may require a specified person to take such steps as the High Court considers appropriate for taking the evidence.
3: Without limiting subsections (1) and (2), an order may, in particular, make provision for—
a: the examination of witnesses, either orally or in writing; or
b: the production of documents or things; or
c: the inspection, photographing, preservation, custody, or detention of any property; or
d: the taking of samples of property and carrying out experiments on or with property.
4: The High Court may make an order requiring a person to give evidence either orally or by tendering a written document otherwise than on oath or affirmation if the Federal Court requests it to do so.
5: A person who has been served with an order made under this section may not be compelled to comply with the order unless, at the time of service of the order or at some other reasonable time before the person is required to comply with the order, allowances and travelling expenses or vouchers sufficient to enable the person to comply with the order are tendered or paid to the person.
6: A person may not be compelled to give evidence pursuant to an order under this section that he or she is not compelled to give in the Australian proceeding to which the request relates. 1908 No 89 s 56R Section 95 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
96: Power to make rules for purposes of this Part
1: Rules may be made under section 148
2: Without limiting subsection (1), rules may be made that make provision for, or in relation to,—
a: the giving of evidence and the making of submissions in New Zealand proceedings by audio link or audiovisual link:
b: receiving, for the purposes of subpart 8
c: the issuing of subpoenas for service in Australia for the purposes of New Zealand proceedings and the service of those subpoenas:
d: the payment to witnesses required to comply with orders of subpoena served in Australia for the purposes of New Zealand proceedings of amounts in respect of expenses and loss of income occasioned by compliance with those orders:
e: the lodging of documents or things with the Federal Court in compliance with orders of subpoena issued in New Zealand proceedings that require only the production of documents or things by witnesses:
f: the transmission to the Federal Court of documents (or certified copies of those documents) or things lodged with the High Court in Australian proceedings in compliance with orders of subpoena issued by the Federal Court:
g: the hearing of applications to set aside orders of subpoena under section 84
h: sittings of the High Court in Australia:
i: giving effect to arrangements made under section 93
j: the form of certification of judgments, orders, and injunctions in New Zealand proceedings:
k: the taking of evidence under section 95
l: any other matters as are contemplated by or necessary for giving effect to this Part. 1908 No 89 s 56S Section 96 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016
97: Transitional provision for certain proceedings commenced before commencement of this Part
1: This section applies to any proceeding commenced, but not yet determined, under Part 1A
2: If this section applies, the proceeding must be treated as if it had been commenced under this Part. Section 97 inserted 1 March 2017 section 8 Trans-Tasman Proceedings Amendment Act 2016