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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 31
Application to New Zealand court for interim relief in support of Australian proceeding
31 Application to New Zealand court for interim relief in support of
Australian proceeding
1 A party or intended party to a civil proceeding commenced or to be commenced
in an Australian court after the commencement of this subpart may apply to the
following New Zealand courts for interim relief (other than excluded interim
relief) in support of the Australian proceeding: a) the High Court:
b) a New
Zealand court (other than the High Court) declared by an order under
subsection (3) to be a court to which this paragraph applies.
2 Interim
relief is
"excluded interim relief" if it is all or any of the following: a) an interim
payment:
b) discovery:
c) a warrant of arrest of property:
d) any action,
assistance, order, or other relief under subpart 1 or 2 of Part 4 of the
Evidence Act 2006 .
3 The Governor-General may, by Order in Council, declare
a New Zealand court (other than the High Court) to be a court to which
subsection (1)(b) applies.
4 An order under subsection (3) is secondary
legislation (see Part 3 of the Legislation Act 2019 for publication
requirements).
History: Section 31(4): inserted, on 28 October 2021, by
section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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