Document ID: chunk:federal_register_of_legislation:C2022C00084:section:7:p1
Version: federal_register_of_legislation:C2022C00084
Segment Type: section
Provision Reference: s 7 (pt 1/3)
Character Range: 19099–21644

7  Setting aside a registered judgment
 (1) A party against whom a registered judgment is enforceable, or would be enforceable but for an order under section 8, may seek to have the registration of the judgment set aside by duly applying to the court in which the judgment was registered, or (where applicable) a court in which the judgment was registered under Part 6 of the Service and Execution of Process Act 1992, to have the registration of the judgment set aside.
 (2) Where a judgment debtor duly applies to have the registration of the judgment set aside, the court:
 (a) must set the registration of that judgment aside if it is satisfied:
 (i) that the judgment is not, or has ceased to be, a judgment to which this Part applies; or
 (ii) that the judgment was registered for an amount greater than the amount payable under it at the date of registration; or
 (iii) that the judgment was registered in contravention of this Act; or
 (iv) that the courts of the country of the original court had no jurisdiction in the circumstances of the case; or
 (v) that the judgment debtor, being the defendant in the proceedings in the original court, did not (whether or not process had been duly served on the judgment debtor in accordance with the law of the country of the original court) receive notice of those proceedings in sufficient time to enable the judgment debtor to defend the proceedings and did not appear; or
 (vi) that the judgment was obtained by fraud; or
 (vii) that the judgment has been reversed on appeal or otherwise set aside in the courts of the country of the original court; or
 (viii) that the rights under the judgment are not vested in the person by whom the application for registration was made; or
 (ix) that the judgment has been discharged; or
 (x) that the judgment has been wholly satisfied; or
 (xi) that the enforcement of the judgment, not being a judgment under which an amount of money is payable in respect of New Zealand tax, would be contrary to public policy; or
 (b) may set the registration of the judgment aside if it is satisfied that the matter in dispute in the proceedings in the original court had before the date of the judgment in the original court been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.
 (3) For the purposes of subparagraph (2)(a)(iv) and subject to subsection (4), the courts of the country of the original court are taken to have had jurisdiction:
 (a) in the case of a judgment given in an action in personam:
 (i) if the