Document ID: chunk:federal_register_of_legislation:C2022C00084:section:7:p2
Version: federal_register_of_legislation:C2022C00084
Segment Type: section
Provision Reference: s 7 (pt 2/3)
Character Range: 21419–23956

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 judgment debtor voluntarily submitted to the jurisdiction of the original court; or
 (ii) if the judgment debtor was plaintiff in, or counter‑claimed in, the proceedings in the original court; or
 (iii) if the judgment debtor was a defendant in the original court and had agreed, in respect of the subject matter of the proceedings, before the proceedings commenced, to submit to the jurisdiction of that court or of the courts of the country of that court; or
 (iv) if the judgment debtor was a defendant in the original court and, at the time when the proceedings were instituted, resided in, or (being a body corporate) had its principal place of business in, the country of that court; or
 (v) if the judgment debtor was a defendant in the original court and the proceedings in that court were in respect of a transaction effected through or at an office or place of business that the judgment debtor had in the country of that court; or
 (vi) if there is an amount of money payable in respect of New Zealand tax under the judgment; or
 (b) in the case of a judgment given in an action of which the subject matter was immovable property or in an action in rem of which the subject matter was movable property—if the property in question was, at the time of the proceedings in the original, court situated in the country of that court; or
 (c) in the case of a judgment given in an action other than an action of the kind referred to in paragraph (a) or (b)—if the jurisdiction of the original court is recognised by the law in force in the State or Territory in which the judgment is registered.
 (4) In spite of subsection (3), the courts of the country of the original court are not taken to have had jurisdiction:
 (a) if the subject matter of the proceedings was immovable property situated outside the country of the original court; or
 (b) except in the cases referred to in subparagraphs (3)(a)(i), (ii) and (iii) and paragraph (3)(c), if the bringing of the proceedings in the country of the original court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the country of that court; or
 (c) if the judgment debtor, being a defendant in the original proceedings, was a person who under the rules of public international