• “(1A) Subclause (1) is subject to rule 6.35 (which, unless the court otherwise orders, requires a defendant who has been served out of New Zealand to file a statement of defence within 30 working days from the date of service).”

• “(e) a proceeding, commenced in accordance with the Trans-Tasman Proceedings Regulations and Rules 2013, to register under subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010 a registrable Australian judgment.”

• “(2) Subclause (1) does not prevent a person from filing a document on behalf of a party if the person is authorised by, or on behalf of, the party to file the document, and—

  • “(a) is not the holder of a current practising certificate as a barrister or as a barrister and solicitor issued under section 39(1) of the Lawyers and Conveyancers Act 2006; but

  • “(b) is allowed to appear for, or to represent, the party, in connection with the proceedings, under section 27(1)(b)(i) or (ii) of the Lawyers and Conveyancers Act 2006.

• “(3) The following rules allow certain Australian solicitors to represent a party by filing certain documents:

  • “(a) rule 5.36A (documents in certain trans-Tasman proceedings):

  • “(b) rule 9.62(1)(b) (application to set aside New Zealand subpoena served on witness in Australia).”

“5.36A Authority of certain Australian solicitors in certain trans-Tasman proceedings

• “(1) This rule applies to a defendant and a solicitor if the defendant is served with an initiating document in Australia under section 13 of the Trans-Tasman Proceedings Act 2010 and the solicitor is—

  • “(a) entitled to practise as a solicitor of a Supreme Court of a State or Territory of Australia; and

  • “(b) authorised by, or on behalf of, the defendant to file a document for the defendant in respect of, or in, the proceeding to which the initiating document relates.

  “(2) The solicitor may file the document if the court has under section 38 of the Trans-Tasman Proceedings Act 2010 given the solicitor leave or, as the case requires, he or she is entitled under section 23(4) of that Act, to appear remotely in 1 or more hearings relating to the proceeding.

  “(3) The solicitor may file the document even though the solicitor has neither sought, nor been given, leave under section 38 of the Trans-Tasman Proceedings Act 2010 or, as the case requires, he or she has neither made, nor had accepted, a request under section 23(4)(c) of that Act, if the document is—

  • “(a) an appearance or response document (as defined in section 17(2) of that Act); or

  • “(b) an application under section 22 of that Act for a stay of the proceeding; or

  • “(c) a request under section 23(4)(c) of that Act to appear remotely in a hearing to determine an application under section 22 of that Act; or

  • “(d) an application for leave under section 38 of that Act; or

  • “(e) a document related to a document, application, or request in any of paragraphs (a) to (d).

  “(4) A solicitor who files a document under subclause (3) may, even if not the holder of a current practising certificate as a barrister or as a barrister and solicitor issued under section 39(1) of the Lawyers and Conveyancers Act 2006, be the solicitor on the record under rule 5.38 until—

  • “(a) the court declines an application by the solicitor for leave under section 38 of that Act; or

  • “(b) a document to which subclause (3) does not apply is filed in the proceeding by or on behalf of the defendant and, when that document is filed, the court has not given the solicitor leave under section 38 of that Act.

  “(5) Subclause (4) does not enable the solicitor to appear remotely in a hearing relating to the proceeding without leave under section 38 of that Act or, as the case requires, without being entitled to do so under section 23(4) of that Act.”

• “(3) Subclause (2)(b) is subject to rule 6.35 (which, unless the court otherwise orders, requires a defendant who has been served out of New Zealand to file a statement of defence within 30 working days from the date of service).”

• “(7A) But both this rule and rule 6.29 are subject to section 27(1) of the Trans-Tasman Proceedings Act 2010, which provides that a New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in accordance with subpart 2 of Part 2 of that Act.”

• “(e) if a defendant has been served in Australia under section 13 of the Trans-Tasman Proceedings Act 2010 with an initiating document for the proceeding, by posting the document to an address for service of the party or person to be served.”

• “(6) Subclauses (7) to (11) apply to a document to be served in a proceeding if—

  • “(a) the proceeding is one an initiating document for which is to be or has been served on a defendant in Australia under section 13 of the Trans-Tasman Proceedings Act 2010; and

  • “(b) the document is one to be served—

    • “(i) by a party in New Zealand and on a party in Australia; or

    • “(ii) by a party in Australia and on a party in New Zealand.

• “(7) Despite subclause (1), when a document is served in accordance with rule 6.1(1)(d)(i) or (ii) or (e), it is to be treated as served on the earlier of—

  • “(a) the sixth working day after the day on which it was posted; and

  • “(b) the day on which it was received.

• “(8) Subclause (9) applies to a document that is—

  • “(a) a document in response to a requirement of or under these rules; and

  • “(b) served in accordance with rule 6.1(1)(d)(i) or (ii) or (e).

• “(9) The party serving the document is entitled to an extra 5 working days within which to comply with that requirement.

• “(10) Despite subclause (8), subclause (9) does not apply when a rule requires a document to be served a prescribed number of days before a hearing or other specified event.

• “(11) Despite subclause (3), when a document is, under rule 6.1(1)(d)(iii), transmitted electronically to the fax number or email address of a solicitor in a State or Territory of Australia at a time later than 5 pm in that State or Territory, it is to be treated as having been served on the first subsequent working day.”

“6.13A Personal service on Australian corporations, partnerships, and attorneys

• A document in a proceeding in which an initiating document is to be or has been served on a defendant under section 13 of the Trans-Tasman Proceedings Act 2010 may be served in Australia—

  • “(a) on a company registered in Australia under the Corporations Act 2001 (Aust) in the same way as if it were a company to which section 387 of the Companies Act 1993 applies:

  • “(b) on a corporation incorporated in Australia (other than a company specified in paragraph (a)) in the same way as if it were a corporation to which rule 6.12(2) applies:

  • “(c) on a partnership, or on a person carrying on business in the name of a firm apparently consisting of more than 1 person, by serving it in accordance with rule 6.11 either on any partner or on that person, or—

    • “(i) on any person appearing to have control of the business of the partnership or apparent partnership; and

    • “(ii) at the principal place in Australia of the business of the partnership or apparent partnership:

  • “(d) on a person who is out of Australia and New Zealand by serving, in accordance with rule 6.11, an attorney or agent of that person in Australia if the attorney or agent is authorised—

    • “(i) to transact that person's affairs generally and to defend proceedings; or

    • “(ii) to transact the person's affairs in respect of the subject matter of the proceeding and to defend the particular proceeding.

“6.13B Personal service in Australia on foreign corporations

• “(1) A document in a proceeding in which an initiating document is to be or has been served on a defendant under section 13 of the Trans-Tasman Proceedings Act 2010 may be served in Australia—

  • “(a) on a foreign company registered under section 601CE of the Corporations Act 2001 (Aust) as follows:

    • “(i) by delivery to a person named in the register kept for the purposes of Division 2 of Part 5B.2 of that Act as a director of the foreign company and who is resident in Australia; or

    • “(ii) by delivery to a person named in that register as being authorised to accept service in Australia of documents on behalf of the foreign company; or

    • “(iii) by delivery to an employee of the foreign company at the foreign company's place of business in Australia or, if the foreign company has more than 1 place of business in Australia, at the foreign company's principal place of business in Australia; or

    • “(iv) by serving it in accordance with any directions as to service given by the court having jurisdiction in the proceeding; or

    • “(v) in accordance with an agreement made with the foreign company:

  • “(b) on a foreign corporation of the kind specified in subclause (2) by serving it in accordance with rule 6.11—

    • “(i) on a person appearing to have control of the business of that corporation; and

    • “(ii) at the principal place of business of that corporation in Australia.

  “(2) Subclause (1)(b) applies to a foreign corporation that—

  • “(a) is not a foreign company registered under section 601CE of the Corporations Act 2001 (Aust); and

  • “(b) is incorporated but not in Australia and not in New Zealand; and

  • “(c) has a place of business in Australia; and

  • “(d) does not have a place of business in New Zealand.”

“6.36 Subpart does not apply to service in Australia of documents for or in certain trans-Tasman proceedings

• This subpart (which contains rules on service out of New Zealand) does not apply to service in Australia of an initiating document for, or of any other document to be served in or for, a proceeding an initiating document for which may be served in Australia under subpart 1 of Part 2 of the Trans-Tasman Proceedings Act 2010.”

• “(6) This rule does not apply to a civil proceeding commenced or to be commenced in an Australian court.”

• “(2) The application—

  • “(a) may state (for the purposes of rule 9.64(1)) that a hearing is required to determine the application; and

  • “(b) may be filed by sending it by fax or email to the registry of the relevant court in which leave to serve the subpoena was given.”

• “(6) If the application is filed by fax or email, the Registrar—

  • “(a) must send by fax or email to the applicant or the applicant’s solicitor, as the case may be, an acknowledgement that the application has been received:

  • “(b) may, if the application is not clear or legible, require the applicant or the applicant’s solicitor, as the case may be, to transmit the application by fax or email again.”

• “(1A) If a document relating to the application is served on the applicant by post in accordance with subclause (1)(a), it is to be treated as having been served on the earlier of—

  • “(a) the sixth working day after the day on which it was posted; and

  • “(b) the day on which it was received.”

“9.67 Evidence and submissions by remote appearance medium from Australia

• “(1) An application under section 168 of the Evidence Act 2006 for a direction that evidence be given from Australia or submissions be made from Australia by remote appearance medium may be made without notice. Except in the case of an application under section 160 of that Act, the application must be accompanied by an affidavit stating—

  • “(a) the nature of the evidence or the submissions:

  • “(b) the place in Australia from which the evidence is to be given or the submissions are to be made:

  • “(c) if it is proposed that evidence be given or submissions be made by audiovisual link, particulars of the audiovisual link facilities available at the courtroom or other place where the court is to sit in New Zealand and at the place where the evidence is to be given or the submissions are to be made in Australia:

  • “(d) if it is proposed that evidence be given or submissions be made by audio link, particulars of the audio link facilities available at the courtroom or other place where the court is to sit in New Zealand and at the place where the evidence is to be given or the submissions are to be made in Australia:

  • “(e) in a case where evidence is proposed to be given, an estimate of the time the evidence will take:

  • “(f) whether issues of character or credibility are likely to be raised:

  • “(g) in a case in which submissions are proposed to be made, an estimate of the time required to make the submissions.

  “(2) When the court gives a direction under section 168 of the Evidence Act 2006, it must instruct the Registrar to make appropriate arrangements in New Zealand and Australia in accordance with any particular directions that the court may make.

  “(3) Without limiting subclause (2), the court may—

  • “(a) direct that the evidence be given or the submissions be made at an Australian court or at another place in Australia:

  • “(b) request that an officer of an Australian court or other person approved by the Judge be present to assist in the transmission of evidence or submissions, and in particular to—

    • “(i) introduce witnesses giving evidence or a barrister or solicitor (or both) making submissions:

    • “(ii) assist with the administration of oaths:

    • “(iii) assist with the implementation of any directions or requests given or made by the Judge hearing the evidence or submissions.

  “(4) In this rule, evidence includes the related examination of a person giving evidence.”

• “(2A) If an application by a plaintiff is made at the time that the statement of claim is served on the defendant in Australia under section 13 of the Trans-Tasman Proceedings Act 2010, the hearing date allocated (under rule 7.33) for the application must be after the period (under section 17(1)(a) or (b) of that Act) within which the defendant may file an appearance or response document.”

“Note: Section 156(2) of the Evidence Act 2006 of New Zealand allows this order of subpoena to be served in Australia only if it is accompanied by a copy of the order granting leave to serve it, and a statement in the prescribed form of the rights and obligations of the person served.”

“Note: Section 156(2) of the Evidence Act 2006 of New Zealand allows this order of subpoena to be served in Australia only if it is accompanied by a copy of the order granting leave to serve it, and a statement in the prescribed form of the rights and obligations of the person served.”

“Postal address of registry:

“Telephone:

“Fax:”.

“Sealed: [date]”.