New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 56

56 Application to register Australian judgment

1 An entitled person may apply to the Registrar of a New Zealand court to register in that court an Australian judgment if that court is—

a) the High Court; or

b) a New Zealand court that is not a superior New Zealand court but that has power to give the relief that is in the judgment.

2 The application must be—

a) made in the form (if any) prescribed by regulations under subsection (3) ; and

b) made in accordance with the requirements (if any) prescribed by regulations under subsection (3) ; and

c) made—

i) within 6 years after the day on which the judgment is given; or

ii) if there have been proceedings by way of appeal against the judgment—within 6 years after the day of the last judgment in those proceedings; or

iii) if, before or after the period in subparagraph (i) or (ii) , the entitled person applies to the New Zealand court for a longer period—within any longer period the New Zealand court considers appropriate.

3 The Governor-General may, by Order in Council, make regulations prescribing the form of, and requirements for, an application under this section.

4 Requirements prescribed under subsection (3) may be or include requirements that specified documents be lodged or filed in a specified way, and with, or within a specified time after the lodging or filing of, the application.

5 Subsection (4) does not limit subsection (3) .

6 Regulations under subsection (3) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

History: Section 56(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).