New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 37

37 Application of sections 38 to 43

1 Sections 38 to 43 apply only to a civil proceeding commenced before or after the commencement of this subpart in—

a) a New Zealand court; or

b) a New Zealand tribunal declared by an order under subsection (3) to be a tribunal to which sections 38 to 43 apply.

2 By way of explanation, the proceeding may, but need not, relate to enforcement of a judgment registered under subpart 5 , or may, but need not, be a proceeding in respect of an application—

a) made by a defendant served or purportedly served in Australia under section 13 with an initiating document for a proceeding; and

b) for an order under subpart 2 staying the proceeding; and

c) to be determined with a hearing in which the defendant is, under section 23(4) , to appear remotely from Australia.

3 The Governor-General may, by Order in Council, declare a New Zealand tribunal to be a tribunal to which sections 38 to 43 apply.

4 An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 37(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).