Subpart 3—Foreign process

6.21 Service of foreign process

(1)

This subpart applies when a request is made to the court to effect service of a foreign process on a person in New Zealand.

(2)

A request may be made to the court to effect service of a foreign process on a person in New Zealand in any manner permitted or required by the provisions of a convention.

(3)

Service in New Zealand of a foreign process must be in accordance with a convention if—

(a)

the convention contains an express provision governing the service of that process in New Zealand; and

(b)

that convention excludes other methods of service.

(4)

When service is in accordance with a convention, no court fees are to be charged for the filing of any document or the doing of any act relating to the service or the certification of service.

(5)

A letter of request from a foreign court requesting service of process on any person in New Zealand in connection with any civil matter pending before that foreign court must be forwarded through diplomatic channels to the Secretary of Foreign Affairs and Trade who must send it to the Secretary for Justice for further transmission to the Registrar with an intimation that it is desirable that effect should be given to that request.

(6)

A letter of request must be accompanied by—

(a)

a translation of it in English if it is not in English; and

(b)

2 copies of the process or citation to be served; and

(c)

2 copies of the process or citation in English or translated into English.

(7)

Subclauses (5) and (6) and rules 6.22 to 6.25 apply subject to the provisions of any relevant convention.

(8)

In this rule, convention means any treaty to which New Zealand is a party that makes provision for service of foreign process in New Zealand.

Compare: 1908 No 89 Schedule 2 r 213