New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 65

65 Stay of enforcement of registered judgment so that liable person can challenge it in Australian court or tribunal

1 A New Zealand court in which an Australian judgment has been registered under section 57 may, on an application under subsection (3) by a liable person, order that a proceeding in that court for enforcement of the judgment—

a) not be commenced until a specified time or event; or

b) be stayed for a specified period.

2 The order—

a) must be made subject to the following conditions:

i) that the liable person make, by the end of a period specified in the order, and to an Australian court or tribunal that has power to grant the relief sought by the application, an application to set aside, vary, or appeal against the registered Australian judgment:

ii) that the liable person prosecute that application expeditiously; and

b) may be made subject to any other conditions, including conditions as to the giving of security, that the New Zealand court considers appropriate.

3 An application under subsection (1) must be made—

a) within 30 working days of the New Zealand court after the day on which the liable person was given the notice of registration required by 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.

4 If a registered Australian judgment has for enforcement been transferred to a New Zealand court other than the one in which it is registered under section 57 , an application under subsection (1) may be made to, and heard and determined by, only that other New Zealand court.

5 This section does not affect any other powers of the New Zealand court to delay or stay the enforcement of the registered Australian judgment on any grounds on which the court could delay or stay the enforcement of a judgment of a New Zealand court or tribunal.