New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 4

4 Interpretation

1 In Parts 1 and 2 , unless the context otherwise requires,—  
"adjudicative function" , in relation to a tribunal, means a function of the tribunal of determining the rights or liabilities of a person in a proceeding in which there are 2 or more parties (including determining that those rights or liabilities are altered)    
"appear remotely" , in relation to a person and a hearing in or related to a proceeding in a court or tribunal in the territory of a party to the Trans-Tasman Agreement, means that the person participates in the hearing, from the territory of the other party to the Trans-Tasman Agreement, by remote appearance medium    
"appearance or response document" has the meaning given to it by section 17(2)     
"audio link" means facilities (for example, telephone facilities) that enable audio communication between people in different places    
"audiovisual link" means facilities that enable audio and visual communication between people in different places    
"Australian Act" has the meaning given to it by section 3(2)     
"Australian law" means a law of the Commonwealth, a State, or a Territory, of Australia    
"Australian trans-Tasman market proceeding" means a proceeding in the Federal Court of Australia in which—  

a) the matters for determination are or include a matter or matters arising under—

i) any of sections 46A, 155A, or 155B of the Trade Practices Act 1974 (Aust); or

ii) a provision of Part VI or XII of the Trade Practices Act 1974 (Aust) in so far as it relates to any of sections 46A, 155A, or 155B of that Act; or

b) any other kind of relief specified in an order under subsection (2)(a) is sought; or

c) an interlocutory order is sought in relation to a proceeding of the kind mentioned in paragraph (a) or (b) ; or

d) the enforcement is sought of a judgment given in a proceeding of the kind mentioned in paragraph (a) or (b)

"civil pecuniary penalty" means a pecuniary penalty imposed in a civil proceeding in relation to a contravention of legislation  
"civil proceeding" means a proceeding that is not a criminal proceeding    
"commencement New Zealand court or tribunal" , in relation to an initiating document, means the New Zealand court or tribunal in which the civil proceeding to which the initiating document relates was commenced    
"court" includes a Judge, or Associate Judge, of the court    
"criminal proceeding" means a proceeding that is not a proceeding in respect of a claim for compensation or under proceeds of crime legislation, but is—  

a) a prosecution for an offence; or

b) a procedure, other than a prosecution, that, under a law of a country, State, or Territory, may be used to do either or both of the following:

i) determine liability for an offence:

ii) impose a penalty for an offence; or

c) related to or associated with a prosecution or procedure in paragraph (a) or (b)

"defendant" , in relation to a proceeding or application, means a person served or intended to be served with the initiating document for the proceeding  
"enforcement" of a judgment means the enforcement or execution of the judgment    
"entitled person" , in relation to a judgment, means a person—  

a) in whose favour the judgment was given; or

b) in whom rights under the judgment have (by assignment, succession, or otherwise) become vested

"examination" of a person giving evidence means the examination-in-chief, cross-examination, or re-examination of the person  
"excluded interim relief" has the meaning given to it by section 31(2)     
"excluded matter" means all or any of the following:  

a) the dissolution of a marriage:

b) the enforcement of—

i) an obligation under Australian law to maintain a spouse or a de facto partner (within the meaning of the Acts Interpretation Act 1901 (Aust)):

ii) an obligation under New Zealand law to maintain a spouse, civil union partner, or de facto partner:

c) the enforcement of a child support obligation:

d) an arrangement or matter declared by an order under subsection (2)(b) to be an arrangement or matter excluded from the operation of subpart 1 or 5, or subparts 1 and 5, of Part 2

"exclusive choice of court agreement" has the meaning given to it by section 25(4)   
"given" , in relation to a judgment, includes entered, granted, or made    
"High Court" means the High Court of New Zealand    
"initiating document" means a document—  

a) by which a civil proceeding is commenced in a New Zealand court or tribunal; or

b) by reference to which a person becomes a party to a civil proceeding in a New Zealand court or tribunal

"judgment" of a court or tribunal means a judgment, award, decree, or order of the court or tribunal, whether or not it—

a) is given in a primary proceeding or in an interlocutory proceeding; or

b) is a money judgment or a non-money judgment

"liable person" , in relation to a judgment, means a person against whom the judgment—

a) was given; or

b) is enforceable under a law of the original jurisdiction

"money judgment" means a judgment under which a sum of money is payable  
"non-money judgment" means a judgment that is not a money judgment (including, without limitation, a judgment that does not involve the payment of money but requires a person to do, or refrain from doing, other things)    
"original court or tribunal" , in relation to a judgment, means the court or tribunal that gave the judgment    
"original jurisdiction" , in relation to a judgment, means the Commonwealth of Australia, or State or Territory of Australia, as the case may be, in which the original court or tribunal is established    
"party" , in relation to a proceeding, means a plaintiff or defendant    
"plaintiff" , in relation to a proceeding, means the person by whom or on whose behalf the proceeding is brought    
"procedural rules" , in relation to a court or tribunal, means rules, or any other laws (other than Parts 1 and 2 or any regulations made under those Parts),—  

a) defining or governing the exercise of the court's or tribunal's jurisdiction; or

b) regulating the court's or tribunal's practice and procedure

"proceeding" , in a court or tribunal, includes—

a) an interlocutory proceeding in the court or tribunal; and

b) a proceeding that relates to an application made to the court or tribunal (including an application for interim relief under subpart 3 of Part 2 )

"proceeds of crime legislation" means the following:

a) the Proceeds of Crime Act 1987 (Aust):

b) the Proceeds of Crime Act 2002 (Aust):

c) a law of a State or Territory of Australia that is a corresponding law (within the meaning of the Proceeds of Crime Act 2002 (Aust)):

d) any other Australian law that is specified for the purposes of this paragraph by an order under subsection (2)(c):

e) the Proceeds of Crime Act 1991 , and sections 142A to 142Q of the Sentencing Act 2002 :

f) the Criminal Proceeds (Recovery) Act 2009

"registered" , in relation to an Australian judgment, means registered in a New Zealand court under section 57   
"registrable Australian judgment" has the meaning given to it by section 54     
"Registrar" , in relation to a court or tribunal,—  

a) means a Registrar of the court or tribunal; and

b) includes a Deputy Registrar of the court or tribunal

"regulatory regime criminal fine" means a fine—

a) for a criminal offence under a provision of Australian legislation; and

b) that is declared by an order under section 77 to be a regulatory regime criminal fine for the purposes of subparts 5 and 8 of Part 2

"remote appearance medium" means—

a) an audio link; or

b) an audiovisual link

"remote evidence" means evidence given or to be given under section 168 or 173 of the Evidence Act 2006  
"submissions in relation to remote evidence" means—  

a) submissions on whether, and if so in what way or ways, remote evidence may or must be given; and

b) submissions on whether remote evidence is admitted or admissible; and

c) other submissions in relation to remote evidence

"superior New Zealand court" means a New Zealand court that is—

a) the Supreme Court of New Zealand; or

b) the Court of Appeal of New Zealand; or

c) the High Court

"Trans-Tasman Agreement" means the Agreement between the Government of New Zealand and the Government of Australia on Trans-Tasman Court Proceedings and Regulatory Enforcement done at Christchurch on 24 July 2008, the text of which is set out in Schedule 1   
"working day" , of a New Zealand court or tribunal in relation to a proceeding in the court or tribunal, has the same meaning—  

a) as in the court's or tribunal's procedural rules; or

b) if those rules do not define the term, as in section 13 of the Legislation Act 2019 .

2 The Governor-General may, by Order in Council,—

a) specify other kinds of relief the seeking of which in a proceeding in the Federal Court of Australia makes it an Australian trans-Tasman market proceeding for the purposes of Parts 1 and 2 and under paragraph (b) of the definition of that term in subsection (1):

b) declare an arrangement or matter to be excluded from the operation of subpart 1 or 5, or subparts 1 and 5, of Part 2 for the purposes of paragraph (d) of the definition of excluded matter in subsection (1):

c) specify any other Australian law for the purposes of paragraph (d) of the definition of proceeds of crime legislation in subsection (1).

3 An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 4(1): amended, on 1 March 2017, by section 5(1) of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).   Section 4(1) procedural rules: amended, on 1 March 2017, by section 5(2) of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).     Section 4(1) working day paragraph (b): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).     Section 4(2)(a): amended, on 1 March 2017, by section 5(3) of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).     Section 4(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).