New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 19

19 Defendant may appear remotely in hearing of application for stay

1 This section applies to a defendant who—

a) was served, or purportedly served, in Australia under section 13 with an initiating document for a proceeding; and

b) applies under section 22 to a New Zealand court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.

2 Under section 23(4) the defendant, the defendant's counsel, or both may, despite section 38 (but subject to the rest of subpart 4 ), appear remotely in the hearing by the New Zealand court of the application for a stay of the proceeding if—

a) the defendant makes to the court under section 23(4)(c) a request to appear remotely in the hearing; and

b) a remote appearance medium is, or can reasonably be made, available.

3 This section is by way of explanation only. It does not affect section 23(4) .