New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010

- As at 28 October 2021
- Act 108 of 2010

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary and general provisions

   3.      Purpose of, and guides to, this Act
   4.      Interpretation
   5.      References to repealed Australian enactments
   6.      Trans-Tasman market proceedings provisions not affected
   7.      Act binds the Crown
   8.      Regulations
   9.      Procedural rules
   10.     Amendments to, and revocations of, other enactments

   PART 2 - Trans-Tasman proceedings

           SUBPART 1 - Service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals

   11.     Guide to this subpart
   12.     Application of this subpart
   13.     Service of initiating documents in Australia
   14.     Effect of service under section 13
   15.     Information for defendant that must be in or with documents served under section 13
   16.     Consequences of failing to provide information
   17.     Time for filing appearance or response document
   18.     Defendant's address for service
   19.     Defendant may appear remotely in hearing of application for stay
   20.     Security for costs

           SUBPART 2 - New Zealand courts declining jurisdiction on grounds that Australian court is more appropriate forum

   21.     Guide to this subpart
   22.     Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum
   23.     Hearing on, or other determination of, application
   24.     Order of stay of proceeding
   25.     Exclusive choice of court agreements
   26.     Power to make stay subject to conditions
   27.     How this subpart affects New Zealand court's powers to stay proceedings
   28.     No restraint of proceedings
   29.     Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts

           SUBPART 3 - New Zealand courts giving interim relief in support of civil proceedings in Australian courts

   30.     Guide to this subpart
   31.     Application to New Zealand court for interim relief in support of Australian proceeding
   32.     Giving of interim relief in support of Australian proceeding
   33.     Application of New Zealand court procedural rules to interim relief proceeding

           SUBPART 4 - Remote appearances unrelated to remote evidence

   34.     Guide to this subpart
   35.     Evidence Act 2006 trans-Tasman evidence regime governs remote appearances related to remote evidence
   36.     Courts (Remote Participation) Act 2010 does not apply to appearances under this subpart
   37.     Application of sections 38 to 43
   38.     New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings
   39.     Appearing remotely without leave in hearing of application for stay
   40.     Remote appearances from Australia by audiovisual link
   41.     Remote appearances from Australia by audio link
   42.     Costs of remote appearances from Australia
   43.     Powers of New Zealand court or tribunal in Australia
   44.     People in New Zealand appearing remotely in Australian proceedings
   45.     Powers of Australian courts or tribunals in New Zealand
   46.     Orders of Australian courts and tribunals
   47.     Enforcement of orders of Australian courts and tribunals
   48.     Place from which remote appearance made part of Australian court or tribunal
   49.     Privileges, protections, and immunities of participants in Australian proceedings
   50.     Contempt of Australian courts or tribunals
   51.     Assistance to Australian courts and tribunals

           SUBPART 5 - Recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals

   52.     Guide to this subpart
   53.     When registrable Australian judgments are enforceable in New Zealand
   54.     Registrable Australian judgment defined
   55.     Orders applying subpart to Australian tribunals and their orders
   56.     Application to register Australian judgment
   57.     Registration of registrable Australian judgments
   58.     Currency
   59.     Money judgments partly satisfied when entitled person applies for registration
   60.     Judgments only some provisions of which are registrable
   61.     Setting aside registration
   62.     Notice to liable person
   63.     Effect of registration and notification
   64.     Restriction on enforcing registered Australian judgments
   65.     Stay of enforcement of registered judgment so that liable person can challenge it in Australian court or tribunal
   66.     Costs and expenses of enforcement of registered Australian judgments
   67.     Interest on registered Australian judgments
   68.     Enforcement of registered Australian judgment unaffected by certain rules of private international law

           SUBPART 6 - Recognition and enforcement in New Zealand of judgments given in Australian trans-Tasman market proceedings

   69.     Guide to this subpart
   70.     When judgments given in Australian trans-Tasman market proceedings are registrable under subpart 5
   71.     Registrable judgments include interim injunctions and other interlocutory orders
   72.     Registration applications may be made only to High Court

           SUBPART 7 - Recognition and enforcement in New Zealand of Australian judgments imposing civil pecuniary penalties

   73.     Guide to this subpart
   74.     When judgments imposing civil pecuniary penalties are registrable under subpart 5
   75.     Registration applications may be made only to specified courts

           SUBPART 8 - Recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines

   76.     Guide to this subpart
   77.     When judgments imposing regulatory regime criminal fines are registrable under subpart 5
   78.     Registration applications may be made only to High Court

   PART 3 - Special provisions applying to certain proceedings in High Court of New Zealand and Federal Court of Australia
   Note

   79.     Part not limited by Part 1 or 2
   80.     Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
   81.     Interpretation
   82.     High Court may order New Zealand proceedings to be heard in Australia
   83.     Australian counsel entitled to practise in High Court
   84.     High Court may set aside subpoena issued in New Zealand proceeding
   85.     Injunctions and orders in New Zealand proceedings
   86.     Issue of subpoenas in New Zealand proceedings
   87.     Powers of Federal Court of Australia
   88.     Issue of subpoenas in Australian proceedings
   89.     Failure of witness to comply with subpoena issued in Australian proceeding
   90.     Federal Court of Australia may administer oaths in New Zealand
   91.     Orders made by Federal Court of Australia not subject to review
   92.     Contempt of Federal Court of Australia
   93.     Arrangements to facilitate sittings
   94.     Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings
   95.     High Court may take evidence at request of Federal Court
   96.     Power to make rules for purposes of this Part
   97.     Transitional provision for certain proceedings commenced before commencement of this Part
           SCHEDULE 1
           SCHEDULE 2