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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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