New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 75

75 Registration applications may be made only to specified courts

1 Subsection (2) applies to an application under section 56 to register in a New Zealand court a registrable Australian judgment if the judgment—

a) is given otherwise than in an Australian trans-Tasman market proceeding; and

b) imposes a civil pecuniary penalty.

2 The application may be made only to a Registrar of a New Zealand court that is—

a) the High Court; or

b) a New Zealand court that is not a superior New Zealand court but that has power to impose a civil pecuniary penalty under New Zealand law of the same, or a broadly similar, value.

3 The civil pecuniary penalty under New Zealand law that is referred to in subsection (2)(b) may, but need not, be one imposed for the same or similar purposes, or in respect of the same or a similar subject matter, as the one imposed by the registrable Australian judgment.

4 Subsection (5) applies to an application under section 56 to register in a New Zealand court a registrable Australian judgment if the judgment—

a) is given in an Australian trans-Tasman market proceeding; and

b) imposes a civil pecuniary penalty.

5 The application may be made only to a Registrar of the High Court.

6 Subsections (2) and (5) override section 56 , which if not overridden would permit the applications to be made to a Registrar of a New Zealand court specified or described in section 56(1)(a) or (b) .