New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 3

3 Purpose of, and guides to, this Act

1 The purpose of this Act is to—

a) streamline the process for resolving civil proceedings with a trans-Tasman element in order to reduce costs and improve efficiency; and

b) minimise existing impediments to enforcing certain Australian judgments and regulatory sanctions; and

c) implement the Trans-Tasman Agreement in New Zealand law.

2 Provisions to implement the Trans-Tasman Agreement in Australian law are in the Trans-Tasman Proceedings Act 2010 (Aust) (the Australian Act).

3 This Act provides for the following matters:

a) service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals:

b) New Zealand courts declining jurisdiction and, by order, staying proceedings in New Zealand on the grounds that an Australian court is the more appropriate forum to determine the proceedings:

c) New Zealand courts giving interim relief in support of civil proceedings commenced in Australian courts:

d) people in Australia appearing remotely (other than to give, examine a person giving, or make submissions in relation to, remote evidence, under sections 168 to 172 of the Evidence Act 2006 ) in civil proceedings in New Zealand courts and tribunals:

e) people in New Zealand appearing remotely (other than to give, examine a person giving, or make submissions in relation to, remote evidence, under sections 173 to 180 of the Evidence Act 2006 ) in civil proceedings in Australian courts and tribunals:

f) recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals:

g) recognition and enforcement in New Zealand of judgments (other than those imposing civil pecuniary penalties) given in Australian trans-Tasman market proceedings:

h) recognition and enforcement in New Zealand of Australian judgments (including those given in an Australian trans-Tasman market proceeding) imposing civil pecuniary penalties:

i) recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines.

4 This Act also amends sections 150 to 162 of the Evidence Act 2006 , which relate to subpoenas issued in civil proceedings in New Zealand courts being served and complied with in Australia, so that they also provide for—

a) leave to serve a New Zealand subpoena on a witness in Australia to be given by a New Zealand court that is not a superior New Zealand court if the subpoena is one issued by that court or is one issued by a tribunal declared to be a New Zealand court under section 152 of the Evidence Act 2006 ; and

b) subpoenas issued in criminal proceedings in New Zealand courts to be served and complied with in Australia.

5
"New Zealand court" and
"New Zealand subpoena" have, in subsection (4), the meanings given to them by section 150 of the Evidence Act 2006 .

6 Subsections (3) to (5) , and the guides to subparts 1 to 8 of Part 2 , are by way of explanation only. They do not affect any section specified in them.

7 Part 3 of this Act, which stands apart from Parts 1 and 2 , sets out special provisions applying to certain proceedings in the High Court of New Zealand and the Federal Court of Australia.

History: Section 3(7): inserted, on 1 March 2017, by section 4 of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).