New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 61

61 Setting aside registration

1 This section specifies the only situations in which a New Zealand court in which an Australian judgment has been registered under section 57 may set aside the registration of the judgment.

2 The New Zealand court must, on application by a liable person within the applicable period under subsection (3) , set aside the registration of the judgment if satisfied that—

a) the judgment was registered in contravention of this Act; or

b) enforcement of the judgment would be contrary to public policy in New Zealand; or

c) both of the following subparagraphs apply:

i) the judgment was given in a proceeding the subject matter of which was immovable property, or was given in a proceeding in rem the subject matter of which was movable property; and

ii) that property was, at the time of the proceeding in the original court or tribunal, not situated in Australia.

3 An application under subsection (2) must be made—

a) within 30 working days of the New Zealand court after the day on which the liable person was given notice of registration under section 62 ; or

b) if the liable person, before or after the end of the period in paragraph (a) , applies to the New Zealand court for a longer period—within any longer period the New Zealand court considers appropriate.

Note: 1934 No 11 s 6