New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 22

22 Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum

1 A defendant in a civil proceeding commenced in a New Zealand court may apply to the court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.

2 The proceeding may be one commenced in the New Zealand court before the commencement of this subpart, but only if an initiating document for it was served on the defendant in Australia under subpart 1 .

3 The application must be made—

a) within 30 working days of the New Zealand court after the day on which the defendant was served with the initiating document for the proceeding; or

b) if, before or after the end of the period in paragraph (a), the plaintiff or defendant applies to the New Zealand court for a shorter or longer period—within any shorter or longer period the New Zealand court considers appropriate.

Note: Service and Execution of Process Act 1992 s 20(2) (Aust)