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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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