“overseas company has the meaning given to it by section 2 of the Companies Act 1993

“overseas party means a party—

• “(a) who is to be served out of New Zealand; or

• “(b) who has been served out of New Zealand”.

• “(3) The amount of the prescribed fee for filing a statement of claim is reduced by the amount of any fee paid by the plaintiff under regulation 13A for filing an application for leave to serve a statement of claim on an overseas party in the same proceedings.

• “(4) The prescribed fee, or the reduced prescribed fee, must be paid at or before the time at which the statement of claim is filed.”

“13A Application for leave

• “(1) An application for leave in any proceedings must be made in form 2A.

  “(2) The application must—

  • “(a) state the grounds on which the application is made; and

  • “(b) be accompanied by an affidavit verifying the grounds on which the application is made.

  “(3) The prescribed fee for filing an application for leave to serve a statement of claim on an overseas party is not payable by a plaintiff who has paid a fee under regulation 8 for filing a statement of claim in the same proceedings.

  “(4) The prescribed fee, if payable, must be paid at or before the time at which the application is filed.”

• “(2) The statement of defence must be filed,—

  • “(a) for a defendant served in New Zealand, within 30 clear days after the date of the service of the statement of claim on the defendant; or

  • “(b) for an overseas party, within the time specified in regulation 31E.”

“29A Service in New Zealand on overseas companies

• A document that must be served in legal proceedings under the Act on an overseas company may be served in New Zealand only under section 389 of the Companies Act 1993.”

“31A Leave to serve statement of claim on overseas party

• “(1) This regulation applies when a plaintiff seeks the leave of the Court under clause 5A(a) of Schedule 3 of the Act to serve a statement of claim on an overseas party.

  “(2) An application for leave must be made on notice to every party to the proceedings other than the overseas party.

  “(3) An application for leave must be supported by an affidavit providing the Court with information for the purposes of subclause (5) or subclause (6).

  “(4) The Court may give leave—

  • “(a) in the cases described in subclause (5); or

  • “(b) in any case in which the Court considers that it should give leave, having regard to the factors in subclause (6).

  “(5) For the purposes of subclause (4)(a), the cases are as follows:

  • “(a) the overseas party has submitted to the jurisdiction of the Court; or

  • “(b) the employment agreement that is the subject of the proceedings—

    • “(i) was made in New Zealand; or

    • “(ii) was made by or through an agent trading or residing in New Zealand; or

    • “(iii) was to be wholly or partly performed in New Zealand; or

    • “(iv) was expressly or impliedly to be governed by New Zealand law; or

    • “(v) is said in the statement of claim to have been breached in New Zealand, wherever it was made; or

  • “(c) the overseas party is a necessary and proper party to the proceedings brought by the plaintiff against a person who is to be, or has been, served in New Zealand.

  “(6) For the purposes of subclause (4)(b), the factors are as follows:

  • “(a) where the overseas party is or may be found; and

  • “(b) whether the overseas party is a New Zealand citizen; and

  • “(c) the amount or value of the matter in dispute; and

  • “(d) the importance of the matter; and

  • “(e) the existence of a court with jurisdiction in the matter in the place where the overseas party is; and

  • “(f) the comparative cost and convenience of having the matter dealt with in New Zealand or in the place where the overseas party is.

  “(7) The Court gives leave by making an order.

“31B Service on overseas party in convention country

• “(1) This regulation applies when—

  • “(a) the Court gives a plaintiff leave under regulation 31A; and

  • “(b) a convention on the service of documents in proceedings in the courts is in force between—

    • “(i) the sovereign of New Zealand and the head of state of another country; or

    • “(ii) the New Zealand government and the Government of another country; and

  • “(c) the convention provides for the service of documents by official means in the other country; and

  • “(d) the plaintiff wants to use the convention's provisions; and

  • “(e) there in nothing in the convention's provisions that prevents the plaintiff from using them.

  “(2) The plaintiff may file a request for the service of the plaintiff's statement of claim on an overseas party.

  “(3) The request must be made in form 2B.

  “(4) The request must be accompanied by the following for each overseas party:

  • “(a) the statement of claim; and

  • “(b) a copy of the order made under regulation 31A(7); and

  • “(c) a copy of the statement of claim for the purpose of using it as an exhibit to the evidence verifying service; and

  • “(d) a notice in form 2C; and

  • “(e) if any overseas party's language is not English,—

    • “(i) a translation of the statement of claim into the party's language for service with the statement of claim; and

    • “(ii) a statement that satisfies the Registrar verifying the translation as correct; and

    • “(iii) a copy of the translation for the purpose of using it as an exhibit to the evidence verifying service.

  “(5) The Registrar must—

  • “(a) seal the documents described in subclause (4)(a), (b), (c), (e)(i), and (e)(iii) with the seal of the Court; and

  • “(b) send the request for service and the documents described in subclause (4) to the chief executive of the Ministry of Justice for transmission through the appropriate channels to the other country for service.

  “(6) Sufficient proof of service is provided by a certificate that—

  • “(a) describes the documents served; and

  • “(b) states the fact and date of service; and

  • “(c) is given by—

    • “(i) the competent authority of the other country; or

    • “(ii) a New Zealand consular officer; or

    • “(iii) a British consular officer; and

  • “(d) is sent by the chief executive of the Ministry of Justice to the Registrar.

  “(7) If the Registrar files the certificate, it is equivalent to an affidavit of service of the documents described in the certificate.

  “(8) This regulation does not render invalid or insufficient any mode of service in a country referred to in subclause (1) if the mode of service—

  • “(a) is otherwise valid or sufficient under these regulations; and

  • “(b) is not—

    • “(i) expressly excluded by the convention; or

    • “(ii) contrary to the law of the country.

“31C Service on overseas party in other circumstances

• “(1) This regulation applies when—

  • “(a) the Court gives a plaintiff leave under regulation 31A; and

  • “(b) regulation 31B does not apply.

  “(2) The following must be served on each overseas party:

  • “(a) the statement of claim; and

  • “(b) a copy of the order made under regulation 31A(7); and

  • “(c) a notice in form 2C; and

  • “(d) if any overseas party's language is not English,—

    • “(i) a translation of the statement of claim into the party's language for service with the statement of claim; and

    • “(ii) a statement that satisfies the Registrar verifying the translation as correct.

  “(3) The Registrar must seal the following documents with the seal of the Court before they are sent overseas:

  • “(a) the statement of claim; and

  • “(b) a copy of the order made under regulation 31A(7); and

  • “(c) a copy of the statement of claim for the purpose of using it as an exhibit to the evidence verifying service; and

  • “(d) if any overseas party's language is not English,—

    • “(i) a translation of the statement of claim into the party's language for service with the statement of claim; and

    • “(ii) a copy of the translation for the purpose of using it as an exhibit to the evidence verifying service.

“31D Overseas party may file objection to jurisdiction

• “(1) An overseas party served under regulation 31B or regulation 31C may file an objection to the Court's jurisdiction in the proceedings.

  “(2) The objection must be made in form 2D.

“31E Time within which overseas party to file objection to jurisdiction or statement of defence

• “(1) This regulation applies to an overseas party filing an objection to the Court's jurisdiction or a statement of defence.

  “(2) The overseas party must file within 1 of the following times:

  • “(a) for a party served within the Commonwealth of Australia, 30 clear days after the date of service on the party; or

  • “(b) for a party served elsewhere, 50 clear days after the date of service on the party; or

  • “(c) wherever the party is served, the time specified by the Court in an order made under subclause (3).

  “(3) The Court may make an order extending the time for an overseas party to file an objection or a statement.

“31F Application of regulations 27 to 31 to service on overseas party

• Regulations 27 to 31 apply to service on an overseas party, with any necessary modifications.

“31G Court may decline jurisdiction

• “(1) The Court may decline to hear and determine proceedings in which there is an overseas party if it is satisfied that—

  • “(a) it is more appropriate for the matter to be resolved in a place outside New Zealand; and

  • “(b) the plaintiff will have a fair opportunity in the place to make the plaintiff's case; and

  • “(c) the plaintiff will receive proper justice in the place; and

  • “(d) the defendant will suffer unfair disadvantage if the proceedings are heard in New Zealand.

  “(2) This regulation does not limit any rule of law.”

“74A What happens to timing when Court is closed

• “(1) This regulation applies when—

  • “(a) the time for doing an act at an office of the Court ends on a day on which the office is closed; and

  • “(b) the act cannot be done because the office is closed.

  “(2) The act is treated as being in time if it is done on the next day on which the office is open.

“74B What happens to timing in Christmas period

• “(1) This regulation applies when the period of time within which an act must be done is calculated.

  “(2) The 12 days starting with 25 December in 1 year and ending with the close of 5 January in the next year are not counted.

  “(3) Subclause (2) is subject to—

  • “(a) an express provision in any Act; or

  • “(b) an express provision in these regulations; or

  • “(c) a direction of the Court.”

• “(a) file a statement of defence with the Registrar of the Employment Court at [place] within—

  • “(i) 30 (or the appropriate number if the Court has given an extension for an overseas party) clear days after the date of the service of this statement of claim on you, if you were served in New Zealand or the Commonwealth of Australia; or

  • “(ii) 50 (or the appropriate number if the Court has given an extension for an overseas party) clear days after the date of the service of this statement of claim on you, if you were served out of New Zealand and the Commonwealth of Australia; and”.

• “(a) file a statement of defence with the Registrar of the Employment Court at [ place ] within—

  • “(i) 30 (or the appropriate number if the Court has given an extension for an overseas party) clear days after the date of the service of this statement of claim on you, if you were served in New Zealand or the Commonwealth of Australia; or

  • “(ii) 50 (or the appropriate number if the Court has given an extension for an overseas party) clear days after the date of the service of this statement of claim on you, if you were served out of New Zealand and the Commonwealth of Australia; and”