Trans-Tasman Proceedings (District Courts and Family Courts Giving Interim Relief in Support of Australian Proceedings) Order 2013

2013/343

Coat of Arms of New Zealand

Trans-Tasman Proceedings (District Courts and Family Courts Giving Interim Relief in Support of Australian Proceedings) Order 2013

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 2nd day of September 2013

Present:
The Right Hon John Key presiding in Council

Pursuant to section 31(3) of the Trans-Tasman Proceedings Act 2010, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Trans-Tasman Proceedings (District Courts and Family Courts Giving Interim Relief in Support of Australian Proceedings) Order 2013.

2 Commencement
  • This order comes into force on 11 October 2013.

3 Section 31(1)(b) of Trans-Tasman Proceedings Act 2010 declared to apply to District Courts and Family Courts
  • Each of the following New Zealand courts (other than the High Court) is a court to which section 31(1)(b) of the Trans-Tasman Proceedings Act 2010 applies:

    • (a) a District Court (excluding any division of that District Court, whether that division is, or is to be, known as a Disputes Tribunal, a Family Court, or a Youth Court):

    • (b) a Family Court (that is to say, a division of a District Court that, under section 4 of the Family Courts Act 1980, is a division of a District Court to be known as a Family Court).

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 11 October 2013, is made under the Trans-Tasman Proceedings Act 2010 (the Act). It declares each of the following New Zealand courts (other than the High Court) to be a court to which section 31(1)(b) of the Act applies:

  • a District Court (excluding any division of that District Court, whether that division is, or is to be, known as a Disputes Tribunal, a Family Court, or a Youth Court):

  • a Family Court (that is to say, a division of a District Court that, under section 4 of the Family Courts Act 1980, is a division of a District Court to be known as a Family Court).

The declaration affects a civil proceeding commenced or to be commenced in an Australian court after the commencement (on, or at the beginning of, 11 October 2013) of subpart 3 of Part 2 of the Act. It enables a party or intended party to the proceeding to apply to those New Zealand courts for, and those New Zealand courts to give, interim relief (other than excluded interim relief as defined in section 31(2) of the Act) in support of the proceeding.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 5 September 2013.

This order is administered by the Ministry of Justice.