New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 23

23 Hearing on, or other determination of, application

1 The New Zealand court may determine the defendant's application under section 22 without a hearing.

2 However, the New Zealand court must determine the defendant's application under section 22 with a hearing if any of the following requests it to do so:

a) the plaintiff; and

b) the defendant; and

c) any other person who is required or permitted, by regulations under subsection (5)(a) , to be served with the defendant's application.

3 The request must be made—

a) within 10 working days of the New Zealand court after the day the defendant made the application; or

b) if, before or after the end of the period in paragraph (a) , a person referred to in subsection (2) applies to the New Zealand court for a shorter or longer period—within any shorter or longer period the New Zealand court considers appropriate.

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 if—

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

b) the New Zealand court is determining with a hearing the defendant's application under section 22 for an order to stay the proceeding; and

c) the defendant has made to the New Zealand court within the period (if any) prescribed for the purposes of this paragraph by regulations under subsection (5)(b) a request to appear remotely in the hearing; and

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

5 The Governor-General may, by Order in Council, make regulations—

a) requiring or permitting the defendant's application under section 22 for a stay to be served on people other than the plaintiff and the defendant:

b) prescribing a period for the purposes of subsection (4)(c) .

6 Regulations under subsection (5) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Note: Service and Execution of Process Act 1992 s 20(6), (7) (Aust)

History: Section 23(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).