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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 17
Time for filing appearance or response document
17 Time for filing appearance or response document
1 A defendant who is served with an initiating document in Australia under
section 13 and who wishes to file an appearance or response document must do
so— a) within the period (the default period) that is the longer of the
following periods: 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" means a document that— a) a defendant who
has been served under section 13 with an initiating document files in the
commencement New Zealand court or tribunal in response to the initiating
document; and
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.
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