New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 20

20 Security for costs

1 A commencement New Zealand court or tribunal that considers it appropriate in all the circumstances to do so may, on an application by a defendant served, or purportedly served, under section 13 , order the giving of security for costs.

2 An order under subsection (1)—

a) requires the plaintiff or plaintiffs against whom the order is made to give security for costs as directed for a sum that the New Zealand court or tribunal considers sufficient—

i) by paying that sum into the New Zealand court's or tribunal's registry; or

ii) by giving, to the satisfaction of the New Zealand court or tribunal or the Registrar, security for that sum; and

b) may stay the proceeding until the sum is paid or the security is given.

3 The New Zealand court or tribunal may make an order under subsection (1) even if the defendant has taken a step in the proceeding before applying for security.

4 A plaintiff's solicitor must not be accepted as surety for a security that the plaintiff is required to give under subsection (1).

Note: 1908 No 89 Schedule 2 rr 5.45, 5.46