Hon Simon Power
Government Bill
105—1
Explanatory note
1 Title
2 Commencement
Part 1Preliminary and general provisions
3 Purpose of this Act, objective of Agreement, and Australian Act
4 Overview of this Act
5 Interpretation
6 References to repealed Australian enactments
7 Act supplements Australian and New Zealand trans-Tasman market proceedings provisions
8 Act binds the Crown
9 Overview of regulations for particular purposes
10 Regulations for general purposes
11 Rules of court
12 Amendments to, and revocations of, other enactments
Part 2Trans-Tasman proceedings
Subpart 1—Service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals
13 Application of this subpart
14 Service of initiating documents in Australia
15 Effect of service under section 14
16 Information for defendant that must be in or with documents served under section 14
17 Consequences of failing to provide information
18 Time for filing appearance or response document
19 Defendant's address for service
20 Defendant may appear remotely in hearing of application for stay
21 Security for costs
Subpart 2—New Zealand courts declining jurisdiction on grounds that Australian court is more appropriate forum
22 Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum
23 Hearing on, or other determination of, application
24 Order of stay of proceeding
25 Exclusive choice of court agreements
26 Power to make stay subject to conditions
27 How this subpart affects New Zealand court's powers to stay proceedings
28 No restraint of proceedings
29 Suspension of limitation periods for claims made earlier in stayed proceedings in Australian courts
Subpart 3—New Zealand courts giving interim relief in support of civil proceedings in Australian courts
30 Application to New Zealand court for interim relief in support of Australian proceeding
31 Giving of interim relief in support of Australian proceeding
32 Application of New Zealand court procedural rules to interim relief proceeding
Subpart 4—Remote appearances unrelated to remote evidence
Evidence Act 2006 governs remote appearances related to remote evidence
33 Subpart complements trans-Tasman evidence regime
Remote appearances from Australia in New Zealand proceedings
34 Application of sections 35 to 40
35 New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings
36 Appearing remotely without leave in hearing of application for stay
37 Remote appearances from Australia by audiovisual link
38 Remote appearances from Australia by audio link
39 Costs of remote appearances from Australia
40 Powers of New Zealand court or tribunal in Australia
Remote appearances from New Zealand in Australian proceedings
41 People in New Zealand appearing remotely in Australian proceedings
42 Powers of Australian courts or tribunals in New Zealand
43 Orders of Australian courts and tribunals
44 Enforcement of orders of Australian courts and tribunals
45 Place from which remote appearance made part of Australian court or tribunal
46 Privileges, protections, and immunities of participants in Australian proceedings
47 Contempt of Australian courts or tribunals
48 Assistance to Australian courts and tribunals
Subpart 5—Recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals
49 When registrable Australian judgments are enforceable in New Zealand
50 Registrable Australian judgment defined
51 Orders applying subpart to Australian tribunals and their orders
52 Application to register Australian judgment
53 Registration of registrable Australian judgments
54 Currency
55 Money judgments partly satisfied when entitled person applies for registration
56 Judgments only some provisions of which are registrable
57 Setting aside registration
58 Notice to liable person
59 Effect of registration and notification
60 Restriction on enforcing registered Australian judgments
61 Stay of enforcement of registered judgment so that liable person can challenge it in Australian court or tribunal
62 Costs and expenses of enforcement of registered Australian judgments
63 Interest on registered Australian judgments
64 Enforcement of registered Australian judgment unaffected by certain rules of private international law
Subpart 6—Recognition and enforcement in New Zealand of judgments given in Australian trans-Tasman market proceedings
65 When judgments given in Australian trans-Tasman market proceedings are registrable under subpart 5
66 Registrable judgments include interim injunctions and other interlocutory orders
67 Registration applications may be made only to High Court
Subpart 7—Recognition and enforcement in New Zealand of Australian judgments imposing civil pecuniary penalties
68 When judgments imposing civil pecuniary penalties are registrable under subpart 5
69 Registration applications may be made only to specified courts
Subpart 8—Recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines
70 When judgments imposing regulatory regime criminal fines are registrable under subpart 5
71 Registration applications may be made only to High Court
Schedule 1 Agreement
Schedule 2 Amendments to, and revocations of, other enactments
The Parliament of New Zealand enacts as follows: