New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 12

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) to be a tribunal to which this subpart applies.

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; or

c) a civil proceeding in a New Zealand tribunal declared by an order under subsection (3)(b) to be a proceeding to which this subpart does not apply.

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) (which relates to enforcement in Australia of New Zealand judgments) of the Australian Act.

5 An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Note: 1908 No 89 Schedule 2 r 25.8(4), (5)

History: Section 12(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).