Trans-Tasman Proceedings Act 2010

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 28 October 2021

Coat of Arms of New Zealand

Trans-Tasman Proceedings Act 2010

Public Act
 
2010 No 108
Date of assent
 
31 August 2010
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
Part 1
Preliminary and general provisions
3Purpose of, and guides to, this Act
4Interpretation
5References to repealed Australian enactments
6Trans-Tasman market proceedings provisions not affected [Repealed]
7Act binds the Crown
8Regulations
9Procedural rules
10Amendments to, and revocations of, other enactments
Part 2
Trans-Tasman proceedings
Subpart 1—Service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals
11Guide to this subpart
12Application of this subpart
13Service of initiating documents in Australia
14Effect of service under section 13
15Information for defendant that must be in or with documents served under section 13
16Consequences of failing to provide information
17Time for filing appearance or response document
18Defendant’s address for service
19Defendant may appear remotely in hearing of application for stay
20Security for costs
Subpart 2—New Zealand courts declining jurisdiction on grounds that Australian court is more appropriate forum
21Guide to this subpart
22Application for stay of New Zealand civil proceeding on grounds that Australian court is more appropriate forum
23Hearing on, or other determination of, application
24Order of stay of proceeding
25Exclusive choice of court agreements
26Power to make stay subject to conditions
27How this subpart affects New Zealand court’s powers to stay proceedings
28No restraint of proceedings
29Suspension 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
30Guide to this subpart
31Application to New Zealand court for interim relief in support of Australian proceeding
32Giving of interim relief in support of Australian proceeding
33Application of New Zealand court procedural rules to interim relief proceeding
Subpart 4—Remote appearances unrelated to remote evidence
Introduction
34Guide to this subpart
How subpart relates to other Acts
35Evidence Act 2006 trans-Tasman evidence regime governs remote appearances related to remote evidence
36Courts (Remote Participation) Act 2010 does not apply to appearances under this subpart
Remote appearances from Australia in New Zealand proceedings
37Application of sections 38 to 43
38New Zealand courts or tribunals may give parties in Australia leave to appear remotely in civil proceedings
39Appearing remotely without leave in hearing of application for stay
40Remote appearances from Australia by audiovisual link
41Remote appearances from Australia by audio link
42Costs of remote appearances from Australia
43Powers of New Zealand court or tribunal in Australia
Remote appearances from New Zealand in Australian proceedings
44People in New Zealand appearing remotely in Australian proceedings
45Powers of Australian courts or tribunals in New Zealand
46Orders of Australian courts and tribunals
47Enforcement of orders of Australian courts and tribunals
48Place from which remote appearance made part of Australian court or tribunal
49Privileges, protections, and immunities of participants in Australian proceedings
50Contempt of Australian courts or tribunals
51Assistance to Australian courts and tribunals
Subpart 5—Recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals
52Guide to this subpart
53When registrable Australian judgments are enforceable in New Zealand
54Registrable Australian judgment defined
55Orders applying subpart to Australian tribunals and their orders
56Application to register Australian judgment
57Registration of registrable Australian judgments
58Currency
59Money judgments partly satisfied when entitled person applies for registration
60Judgments only some provisions of which are registrable
61Setting aside registration
62Notice to liable person
63Effect of registration and notification
64Restriction on enforcing registered Australian judgments
65Stay of enforcement of registered judgment so that liable person can challenge it in Australian court or tribunal
66Costs and expenses of enforcement of registered Australian judgments
67Interest on registered Australian judgments
68Enforcement 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
69Guide to this subpart
70When judgments given in Australian trans-Tasman market proceedings are registrable under subpart 5
71Registrable judgments include interim injunctions and other interlocutory orders
72Registration applications may be made only to High Court
Subpart 7—Recognition and enforcement in New Zealand of Australian judgments imposing civil pecuniary penalties
73Guide to this subpart
74When judgments imposing civil pecuniary penalties are registrable under subpart 5
75Registration applications may be made only to specified courts
Subpart 8—Recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines
76Guide to this subpart
77When judgments imposing regulatory regime criminal fines are registrable under subpart 5
78Registration applications may be made only to High Court
Part 3
Special provisions applying to certain proceedings in High Court of New Zealand and Federal Court of Australia
79Part not limited by Part 1 or 2
80Courts (Remote Participation) Act 2010 does not apply to remote appearances under this Part
81Interpretation
82High Court may order New Zealand proceedings to be heard in Australia
83Australian counsel entitled to practise in High Court
84High Court may set aside subpoena issued in New Zealand proceeding
85Injunctions and orders in New Zealand proceedings
86Issue of subpoenas in New Zealand proceedings
87Powers of Federal Court of Australia
88Issue of subpoenas in Australian proceedings
89Failure of witness to comply with subpoena issued in Australian proceeding
90Federal Court of Australia may administer oaths in New Zealand
91Orders made by Federal Court of Australia not subject to review
92Contempt of Federal Court of Australia
93Arrangements to facilitate sittings
94Privileges and immunities of Judges, counsel, and witnesses in Australian proceedings
95High Court may take evidence at request of Federal Court
96Power to make rules for purposes of this Part
97Transitional provision for certain proceedings commenced before commencement of this Part
Schedule 1
Trans-Tasman Agreement
Schedule 2
Amendments to, and revocations of, other enactments
Notes

The Parliament of New Zealand enacts as follows: