Part 1 Preliminary and general provisions

3 Purpose of, and guides to, this Act

(1)

The purpose of this Act is to—

(a)

streamline the process for resolving civil proceedings with a trans-Tasman element in order to reduce costs and improve efficiency; and

(b)

minimise existing impediments to enforcing certain Australian judgments and regulatory sanctions; and

(c)

implement the Trans-Tasman Agreement in New Zealand law.

(2)

Provisions to implement the Trans-Tasman Agreement in Australian law are in the Trans-Tasman Proceedings Act 2010 (Aust) (the Australian Act).

(3)

This Act provides for the following matters:

(a)

service in Australia of initiating documents for civil proceedings commenced in New Zealand courts and tribunals:

(b)

New Zealand courts declining jurisdiction and, by order, staying proceedings in New Zealand on the grounds that an Australian court is the more appropriate forum to determine the proceedings:

(c)

New Zealand courts giving interim relief in support of civil proceedings commenced in Australian courts:

(d)

people in Australia appearing remotely (other than to give, examine a person giving, or make submissions in relation to, remote evidence, under sections 168 to 172 of the Evidence Act 2006) in civil proceedings in New Zealand courts and tribunals:

(e)

people in New Zealand appearing remotely (other than to give, examine a person giving, or make submissions in relation to, remote evidence, under sections 173 to 180 of the Evidence Act 2006) in civil proceedings in Australian courts and tribunals:

(f)

recognition and enforcement in New Zealand of specified judgments of Australian courts and tribunals:

(g)

recognition and enforcement in New Zealand of judgments (other than those imposing civil pecuniary penalties) given in Australian trans-Tasman market proceedings:

(h)

recognition and enforcement in New Zealand of Australian judgments (including those given in an Australian trans-Tasman market proceeding) imposing civil pecuniary penalties:

(i)

recognition and enforcement in New Zealand of Australian judgments imposing regulatory regime criminal fines.

(4)

This Act also amends sections 150 to 162 of the Evidence Act 2006, which relate to subpoenas issued in civil proceedings in New Zealand courts being served and complied with in Australia, so that they also provide for—

(a)

leave to serve a New Zealand subpoena on a witness in Australia to be given by a New Zealand court that is not a superior New Zealand court if the subpoena is one issued by that court or is one issued by a tribunal declared to be a New Zealand court under section 152 of the Evidence Act 2006; and

(b)

subpoenas issued in criminal proceedings in New Zealand courts to be served and complied with in Australia.

(5)

New Zealand court and New Zealand subpoena have, in subsection (4), the meanings given to them by section 150 of the Evidence Act 2006.

(6)

Subsections (3) to (5), and the guides to subparts 1 to 8 of Part 2, are by way of explanation only. They do not affect any section specified in them.

(7)

Part 3 of this Act, which stands apart from Parts 1 and 2, sets out special provisions applying to certain proceedings in the High Court of New Zealand and the Federal Court of Australia.

Section 3(7): inserted, on 1 March 2017, by section 4 of the Trans-Tasman Proceedings Amendment Act 2016 (2016 No 70).