New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 39

39 Appearing remotely without leave in hearing of application for stay

1 This section applies to a defendant who—

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

b) applies under section 22 to a New Zealand court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.

2 Under section 23(4) the defendant, the defendant's counsel, or both may, despite section 38 (but subject to the rest of this subpart), appear remotely in the hearing by the New Zealand court of the application for a stay of the proceeding if—

a) the defendant makes to the court under section 23(4)(c) a request to appear remotely in the hearing; and

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

3 This section is by way of explanation only. It does not affect section 23(4) .