(1) This Part of this Act shall extend to the United Kingdom.

(2) If the Governor-General is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to money judgments given in the superior Courts of any part of Her Majesty's dominions outside the United Kingdom, or given in the superior Courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement within that part of Her Majesty's dominions or in that foreign country, as the case may be, of money judgments given in the superior Courts of New Zealand, he may by Order in Council direct—

• (a) That this Part of this Act shall extend to that part of Her Majesty's dominions or to that foreign country; and

• (b) That such Courts as are specified in the Order in Council shall, for the purposes of this Part of this Act, be deemed superior Courts of that part of Her Majesty's dominions or of that foreign country.

(2A) The fact that a particular Court is not specified in an Order in Council is not taken to imply that the Court is not a superior Court for the purposes of this Act.

(3) Any money judgment of a superior Court of a country to which this Part of this Act extends, other than a money judgment of such a Court given on appeal from a Court, not being a specified inferior Court, which is not a superior Court, shall be a judgment to which this Part of this Act applies, if—

• (a) It is final and conclusive as between the parties thereto; and

• (b) There is payable thereunder a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and

• (c) It is given after the coming into operation of the Order in Council directing that this Part of this Act shall extend to that country:

  Provided that nothing in this paragraph shall apply with respect to judgments given in the United Kingdom or in any other part of Her Majesty's dominions to which Part 1 of the Administration of Justice Act 1922 applied immediately before the passing of this Act.

(3A) Nothing in paragraph (b) of subsection (3) of this section prevents a judgment given in a superior Court of Australia under which Australian tax is payable being a judgment to which this Part of this Act applies.

(4) For the purposes of this section a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the Courts of the country of the original Court.

(5) The Governor-General may be a subsequent Order in Council vary or revoke any Order in Council previously made under this section.

(6) [Repealed]

(1) If the Governor-General is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to money judgments given in all or some inferior Courts of a country to which this Part of this Act extends, substantial reciprocity of treatment will be assured as respects the enforcement in that country of money judgments given in all or some inferior Courts of New Zealand, the Governor-General may, by Order in Council, direct that such inferior Courts of that country as are specified in the order, are specified inferior Courts for the purposes of this Part of this Act.

(2) Any money judgment of a specified inferior Court shall be a judgment to which this Part of this Act applies if—

• (a) It is final and conclusive as between the parties to it; and

• (b) There is payable under the judgment a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty; and

• (c) It is given after the coming into operation of the Order in Council directing that the inferior Court is a specified inferior Court for the purposes of this Part of this Act.

(3) Nothing in paragraph (b) of subsection (2) of this section prevents a judgment given in an inferior Court of Australia under which Australian tax is payable being a judgment to which this Part of this Act applies.

(4) Nothing in paragraph (c) of subsection (2) of this section applies to a judgment of an inferior Court of Australia.

(5) For the purposes of this section, a judgment shall be deemed to be final and conclusive notwithstanding that an appeal may be pending against it, or that it may still be subject to appeal, in the Courts of the country of the original Court.

(6) The Governor-General may by a subsequent Order in Council vary or revoke any Order in Council previously made under this section.

(1) If the Governor-General is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to some or all non-money judgments given in any superior Courts of any country to which this Part of this Act extends, substantial reciprocity of treatment will be assured as respects the enforcement in that country of all or some non-money judgments given in the superior Courts of New Zealand, the Governor-General may, by Order in Council, direct that such non-money judgments of the superior Courts of that country as are specified in the order are specified non-money judgments for the purposes of this Part of the Act.

(2) If the Governor-General is satisfied that, in the event of the benefits conferred by this Part of this Act being extended to all or some non-money judgments given in any inferior Courts of a country to which this Part of this Act extends, substantial reciprocity of treatment will be assured as respects the enforcement in that country of all or some non-money judgments given in the inferior Courts of New Zealand, the Governor-General may, by Order in Council, direct that such non-money judgments of such of the inferior Courts of that country as are specified in the order, are specified non-money judgments for the purposes of this Part of this Act.

(3) Every Order in Council made under subsection (1) or subsection (2) of this section shall specify the non-money judgments by reference to—

• (a) The kinds of proceedings in which the non-money judgments are given; and

• (b) The kinds of non-money judgments.

(4) A specified non-money judgment, not being a judgment of a superior Court or an inferior Court of Australia, shall be a judgment to which this Part of this Act applies if it was given after the coming into operation of an Order in Council made under subsection (1) or subsection (2), as the case may be, of this section, in relation to that judgment.

(5) A specified non-money judgment that is a judgment of a superior Court or an inferior Court of Australia shall be a judgment to which this Part of this Act applies whether it was given before or after the coming into operation of an Order in Council made under subsection (1) or subsection (2), as the case may be, of this section in relation to that judgment.

(6) The Governor-General may by a subsequent Order in Council vary or revoke any order in Council previously made under this section.

(1) A person, being a judgment creditor under a judgment to which this Part of this Act applies, may apply to the High Court at any time within 6 years after the date of the judgment, or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings, to have the judgment registered in the High Court, and on any such application the said Court shall, subject to proof of the prescribed matters and to the other provisions of this Act, order the judgment to be registered:

Provided that a judgment shall not be registered if at the date of the application—

• (a) It has been wholly satisfied; or

• (b) It could not be enforced . . . in the country of the original Court.

(2) Subject to the provisions of this Act with respect to the setting aside of registration,—

• (a) A registered judgment shall, for the purposes of enforcement be of the same force and effect; and

• (b) Proceedings may be taken on a registered judgment; and

• (c) The sum for which a judgment is registered shall carry interest; and

• (d) The High Court shall have the same control over the enforcement of a registered judgment—

as if the judgment had been a judgment originally given in the High Court on the date of registration:

Provided that the judgment shall not be enforced so long as, under this Part of this Act and the rules of Court made thereunder, it is competent for any party to make an application to have the registration of the judgment set aside, or, where such an application is made, until after the application has been finally determined.

(2A) A judgment may only be enforced if, and to the extent that, at the time the proceedings for enforcement are or are to be taken, the judgment is capable of being enforced in the country of the original Court.

(3) Where a sum payable under a judgment that is to be registered is expressed in a currency other than New Zealand currency, the judgment is to be registered—

• (a) If the judgment creditor has stated in the application that the judgment creditor wishes the judgment to be registered in the currency in which it is expressed, in that currency; or

• (b) In any other case, as if it were for an equivalent amount in New Zealand currency, based on the rate of exchange prevailing on the day of the application for registration.

(4) If at the date of the application for registration of a judgment the judgment of the original Court has been partly satisfied, the judgment shall not be registered in respect of the whole sum payable under the judgment of the original Court, but only in respect of the balance remaining payable at that date.

(5) If, on an application for the registration of a judgment, it appears to the High Court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.

(6) In addition to any sum of money payable under the judgment of the original Court, including any interest which by the law of the country of the original Court becomes due under the judgment up to the time of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the original Court.

(1) The power to make rules of Court under section 3 of the Judicature Amendment Act 1930 shall, subject to the provisions of this section, include power to make rules for the following purposes:

• (a) For making provision with respect to the giving of security for costs by persons applying for the registration of judgments:

• (b) For prescribing the matters to be proved on an application for the registration of a judgment and for regulating the mode of proving those matters:

• (c) For providing for the service on the judgment debtor of notice of the registration of a judgment:

• (d) For making provision with respect to the fixing of the period within which an application may be made to have the registration of the judgment set aside and with respect to the extension of the period so fixed:

• (e) For prescribing the method by which any question arising under this Act whether a judgment to which this Part of this Act applies can be enforced in the country of the original Court, or what interest is payable under a judgment under the law of the original Court, is to be determined:

• (f) For prescribing any matter which under this Part of this Act is to be prescribed.

(2) Rules made for the purposes of this Part of this Act shall be expressed to have and shall have, effect subject to any such provisions contained in Orders in Council made under section 3 of this Act as are declared by the said Orders to be necessary for giving effect to any agreement made by or on behalf of the Government of New Zealand in relation to matters with respect to which there is power to make rules of Court for the purposes of this Part of this Act.

(1) On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment shall be set aside if the High Court is satisfied—

• (a) That the judgment is not a judgment to which this Part of this Act applies or was registered in contravention of the foregoing provisions of this Act; or

• (b) That the Courts of the country of the original Court had no jurisdiction in the circumstances of the case; or

• (c) That the judgment debtor, being the defendant in the proceedings in the original Court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original Court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear; or

• (d) That the judgment was obtained by fraud; or

• (e) That the enforcement of the judgment, not being a judgment of a superior Court or an inferior Court of Australia under which Australian tax is payable, would be contrary to public policy in New Zealand; or

• (f) That the rights under the judgment are not vested in the person by whom the application for registration was made.

(2) On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment may be set aside if the High Court is satisfied that the matter in dispute in the proceedings in the original Court had previously to the date of the judgment in the original Court been the subject of a final and conclusive judgment by a Court having jurisdiction in the matter.

(3) For the purposes of this section the Courts of the country of the original Court shall, subject to the provisions of subsection (4) of this section, be deemed to have had jurisdiction—

• (a) In the case of a judgment given in an action in person—

  • (i) If the judgment debtor, being a defendant in the original Court, submitted to the jurisdiction of that Court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that Court; or

  • (ii) If the judgment debtor was plaintiff in, or counterclaimed in, the proceedings in the original Court; or

  • (iii) If the judgment debtor, being a defendant in the original Court, had before the commencement of the proceedings agreed, in respect of the subject-matter of the proceedings, to submit to the jurisdiction of that Court or of the Courts of the country of that Court; or

  • (iv) If the judgment debtor, being a defendant in the original Court, was at the time when the proceedings were instituted resident in, or being a body corporate had its principal place of business in, the country of that Court; or

  • (v) If the judgment debtor, being a defendant in the original Court, had an office or place of business in the country of that Court and the proceedings in that Court were in respect of a transaction effected through or at that office or place:

  • (vi) If Australian tax is payable under the judgment:

• (b) In the case of a judgment given in an action of which the subject-matter was immovable property or in an action in rem of which the subject-matter was movable property, if the property in question was at the time of the proceedings in the original Court situate in the country of that Court:

• (c) In the case of a judgment given in an action other than any such action as is mentioned in paragraph (a) or paragraph (b) of this subsection, if the jurisdiction of the original Court is recognised by the law of the registering Court.

(4) Notwithstanding anything in subsection (3) of this section, the Courts of the country of the original Court shall not be deemed to have had jurisdiction—

• (a) If the subject-matter of the proceedings was immovable property outside the country of the original Court; or

• (b) Except in the cases mentioned in subparagraphs (i), (ii), and (iii) of paragraph (a) and in paragraph (c) of subsection (3) of this section, if the bringing of the proceedings in the original Court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the Courts of the country of that Court; or

• (c) If the judgment debtor, being a defendant in the original proceedings, was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the Courts of the country of the original Court and did not submit to the jurisdiction of that Court.

(1) If, on an application to set aside the registration of a judgment, the applicant satisfies the High Court either that an appeal is pending, or that he is entitled and intends to appeal, against the judgment, the Court, if it thinks fit, may, on such terms as it may think just, either set aside the registration or adjourn the application to set aside the registration until after the expiration of such period as appears to the High Court to be reasonably sufficient to enable the applicant to take the necessary steps to have the appeal disposed of by a competent tribunal.

(2) Where the registration of a judgment is set aside under the last preceding subsection, or solely for the reason that the judgment was not at the date of the application for registration enforceable . . . in the country of the original Court, the setting aside of the registration shall not prejudice a further application to register the judgment when the appeal has been disposed of or if and when the judgment becomes enforceable . . . in that country, as the case may be.

(3) Where the registration of a judgment is set aside solely for the reason that the judgment, notwithstanding that it had at the date of the application for registration been partly satisfied, was registered for the whole sum payable thereunder, the High Court shall, on the application of the judgment creditor, order judgment to be registered for the balance remaining payable at that date.

No proceedings for the recovery of a sum payable under a judgment to which this Part of this Act applies, other than proceedings by way of registration of the judgment, shall be entertained by any Court in New Zealand.

In this Part of this Act, unless the context otherwise requires,—

(1) This Part of this Act applies to a judgment or order or injunction given or made or granted in a specified proceeding.

(2) Nothing in Part 1 of this Act applies to a judgment or order or injunction to which this Part of this Act applies.

An order or injunction to which this Part of this Act applies may be served in New Zealand on the person expressed to be bound by it.

(1) On production of a copy of a judgment or order or injunction to which this Part of this Act applies in accordance with Rules made under section 51C of the Judicature Act 1908, the High Court shall, on being satisfied that the judgment or order or injunction is one to which this Part of this Act applies, order that the judgment or order or injunction be registered.

(2) A registered judgment or order or injunction to which this Part of this Act applies shall—

• (a) For the purposes of execution, be of the same force and effect; and

• (b) In the case of a judgment or order under which a sum of money is payable, carry interest on that sum; and

• (c) Be subject to the same control over its execution by the High Court—

as if it had been a judgment or order or injunction originally given or made or granted in the High Court . . . on the date of registration.

(3) Where a judgment or order to which this Part of this Act applies under which a sum is payable that is expressed in Australian currency is to be registered under this Part of this Act, the judgment or order is to be registered—

• (a) If the applicant for registration of the judgment or order has stated in the application or order to be registered in Australian currency, in Australian currency; or

• (b) In any other case, as if it were for an equivalent amount in New Zealand currency, based on the rate of exchange prevailing on the day of the application for registration.

(4) If, at the date of the application for registration of a judgment or order to which this Part of this Act applies under which a sum of money is payable the judgment or order has been partly satisfied, the judgment or order shall not be registered in respect of the whole sum payable under the judgment or order, but shall be registered only in respect of the balance remaining payable at that date.

(5) In addition to any sum of money payable under the judgment or order, including any interest which by the law of the Commonwealth of Australia becomes due under the judgment or order up to the time or registration, the judgment or order shall be registered for the reasonable costs of and incidental to registration, including the costs of obtaining a certified copy of the judgment from the Federal Court of Australia.

The High Court shall set aside the registration of a judgment or order or injunction that is registered under section 8D of this Act on the application of any person against whom it may be enforced if the High Court is satisfied that the judgment or order or injunction—

• (a) Is unenforceable in Australia; or

• (b) Has been wholly satisfied; or

• (c) Was registered in contravention of this Part of this Act or that this Part of this Act does not apply to it; or

• (d) Has been reversed or set aside by the Federal Court of Australia or the High Court of Australia; or

• (e) Relates to a claim or claims for relief for a contravention, or 2 or more contraventions, of section 46A of the Trade Practices Act 1974 of the Parliament of the Commonwealth of Australia, whether or not it also relates to any other claim for relief, that has, or all of which have, been dismissed by the Federal Court of Australia or the High Court of Australia.

(1) A copy of every judgment or order of the Federal Court of Australia varying a judgment or order or injunction registered under this Part of this Act shall be registered in the High Court and the provisions of this Part of this Act shall apply to the judgment or order or injunction as so varied.

(2) No execution of a judgment registered under this Part of this Act that has been varied by the Federal Court of Australia or by the High Court of Australia shall be issued and no proceedings to enforce an order or injunction registered under this Part of this Act that has been varied by the Federal Court of Australia or by the High Court of Australia, as the case may be, shall be commenced before the registration of the variation of the judgment or order under subsection (1) of this section without the leave of the High Court.

(1) The High Court may, if it is satisfied that a person against whom a judgment or order or injunction has been registered under this Part of this Act—

• (a) Has applied, or intends to apply, to the Federal Court of Australia to have the judgment or order or injunction set aside; or

• (b) Has appealed, or intends to appeal, to the High Court of Australia against the judgment or the making of the order or the granting of the injunction,—

the High Court may order that enforcement of the judgment or order or injunction be stayed pending the determination of the application or appeal, as the case may be, or until a specified date, or for a specified period.

(2) If the High Court makes an order on the ground that a person intends to apply to the Federal Court of Australia to have the judgment or order or injunction set aside or intends to appeal to the High Court of Australia against the judgment or the making of the order or the granting of the injunction, the High Court shall impose, as a condition of the order, a condition that the person makes the application or brings the appeal, as the case may be, by a specified date or within a specified period.

(3) Every order made under subsection (1) of this section shall be made on the condition that the application or appeal, as the case may be, is proceeded with in an expeditious manner.

(4) An order under subsection (1) of this section may be made on such other conditions, including conditions relating to the giving of security, as the High Court thinks fit.

The provisions of this Act shall have effect in relation to the execution and enforcement of judgments, orders, and injunctions registered under this Part of this Act notwithstanding any rule of law relating to the jurisdiction of the courts of countries other than New Zealand or to public policy.

(1) Rules may be made under section 51C of the Judicature Act 1908 for, or in relation to, the registration of judgments, orders, and injunctions to which this Part of this Act applies.

(2) Without limiting subsection (1) of this section, rules may be made that make provision for—

• (a) The registration and service of facsimiles of judgments, orders, and injunctions to which this Part of this Act applies; and

• (b) The service of notice of registration of judgments, orders, and injunctions to which this Part of this Act applies.

(1) Subject to this section, a judgment to which Part 1 of this Act applies, or would apply if it was a money judgment, whether or not it is, or can be, registered, shall be recognised in any Court in New Zealand as conclusive between the parties to it in all proceedings founded on the same cause of action, and may be relied on by way of defence or counterclaim in any such proceedings.

(2) This section does not apply to—

• (a) A judgment the registration of which has been set aside under paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) of subsection (1) or under subsection (2) of section 6 of this Act; or

• (b) A judgment, whether registrable or not, that has not been registered, the registration of which would, if it was registered, have been set aside under any one or more of those paragraphs of subsection (1) or subsection (2) of that section.

(3) Nothing in this section limits or affects the application of any rule of law relating to the recognition of judgments by any Court in New Zealand.

(1) If it appears to the Governor-General that the treatment in respect of recognition and enforcement accorded by the Courts of any country to money judgments given in any superior Court of New Zealand is substantially less favourable than that accorded by the Courts of New Zealand to money judgments of the superior Courts of that country, the Governor-General may by Order in Council apply this section to that country.

(2) Except in so far as the Governor-General may by Order in Council under this section otherwise direct, no proceedings shall be entertained in any Court in New Zealand for the recovery of any sum alleged to be payable under a judgment given in a Court of a country to which this section applies.

(3) The Governor-General may by a subsequent Order in Council vary or revoke any Order previously made under this section.

(1) Subject to this section, a New Zealand Court shall, on application by a judgment creditor who wishes to enforce a judgment given in that Court in a country to which Part 1 of this Act extends, issue to that person—

• (a) A certified copy of the judgment; and

• (b) A certificate with respect to the judgment containing—

  • (i) Particulars of the causes of action to which the judgment relates; and

  • (ii) Particulars of the rate of interest, if any, payable on any amount payable under the judgment; and

  • (iii) Such other particulars as may be prescribed.

(2) Every application under subsection (1) of this section must be accompanied by payment of the prescribed fee.

(3) No application shall be made under subsection (1) of this section in relation to a judgment until the expiry of any period during which the enforcement of the judgment is stayed.

Every Order in Council made under this Act is deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.

(1) The Administration of Justice Act 1922 is hereby repealed.

(2) Every Proclamation issued under section 3 of the said Act, and in force on the passing of this Act, shall continue in force as if it were an Order in Council to the same effect issued under section 3 of this Act, and may be varied or revoked in accordance with the provisions of subsection (5) of section 3 of this Act.

Section 56 of the Judicature Act 1908 shall hereafter apply only in respect of such judgments, decrees, rules, and orders as, being enforceable under that section, are not enforceable in New Zealand in accordance with the foregoing provisions of this Act.