Trans-Tasman Proceedings Regulations and Rules 2013

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Trans-Tasman Proceedings Regulations and Rules 2013

(SR 2013/350)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 2nd day of September 2013

Present:
The Right Hon John Key presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations and rules are administered by the Ministry of Justice.

His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations pursuant to sections 8, 15(3), 56(3), 58(4), and 62(4) of the Trans-Tasman Proceedings Act 2010, and makes the following rules pursuant to section 9 of that Act and, insofar as they regulate the practice and procedure of—

(a)

the High Court, pursuant to section 51C of the Judicature Act 1908, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee established under section 51B of the Judicature Act 1908 (of whom at least 1 was a Judge of the High Court); and

(b)

District Courts, pursuant to section 122 of the District Courts Act 1947, and with the concurrence of the Chief District Court Judge and at least 2 members of that Rules Committee (of whom at least 1 was a District Court Judge); and

(c)

Family Courts, pursuant to section 16A of the Family Courts Act 1980.

Contents

1Title
2Commencement
3Interpretation
4Use of prescribed forms
5How these regulations and rules relate to New Zealand court’s or tribunal’s general procedural rules
6Regulation prescribing information and form of notice for defendant served in Australia
7Rule prescribing form of defendant’s application for stay of civil proceeding
8Rule on how application to be made and dealt with
9Regulation prescribing optional form for request that New Zealand court determine application with hearing
10Regulation prescribing form for request to appear remotely in hearing
11Rule on how application to be made and dealt with
12Regulation requiring prescribed form of affidavit to accompany application for leave to appear remotely
13Rule on arrangements for remote appearances (as of right in hearing of application for stay, or by leave)
14Regulation prescribing form of, and requirements for, application to register Australian judgment
15Regulation prescribing how exchange rate determined
16Rule on review of Registrar’s decision on application to register Australian judgment
17Rule on how registration must be effected
18Rule on how application to set aside registration or for stay of enforcement to be made and dealt with
19Regulation prescribing form of, and manner of giving, notice of registration of Australian judgment
20Rule prescribing requirements for affidavit related to enforcement process
Gazette Information
Reprint notes