This subpart is about serving defendants in Australia with initiating documents for certain civil proceedings in New Zealand courts or tribunals.

This subpart allows defendants to be served with the initiating document in Australia and provides for how that service must be done.

Defendants must be given certain information when served with the initiating document. The New Zealand court or tribunal may set aside the proceeding or any step taken in it if defendants are not given that information.

Defendants must file an appearance or response document in the New Zealand court or tribunal within a particular period after being served with the initiating document in Australia. In the appearance or response document defendants must state an address for service in New Zealand or Australia for the proceeding.

This subpart applies to a civil proceeding commenced after the commencement of this subpart, or a civil proceeding commenced before that commencement but only if, and insofar as, the initiating documents for the proceeding have not been served before that commencement, and that is—

However, this subpart does not apply to—

The Governor-General may, by Order in Council,—

An order under subsection (3)(a) must not declare a tribunal to be one to which this subpart applies unless, when the order is made, the tribunal is prescribed for the purposes of section 66(1)(b)(i) (which relates to enforcement in Australia of New Zealand judgments) of the Australian Act.

An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

An initiating document for the proceeding may be served in Australia under this subpart.

However, the initiating document must be served in Australia in the same way that the document is required or permitted, under the procedural rules of the New Zealand court or tribunal, to be served in New Zealand.

By way of explanation, it is not necessary for the New Zealand court or tribunal—

Service in Australia under section 13 of an initiating document has the same effect (for example, it gives rise to the same proceeding, or status as a party to a proceeding) as if the initiating document had been served in New Zealand.

An initiating document served in Australia under section 13 must contain or be accompanied by the prescribed information for the defendant.

The prescribed information for the defendant must be or include general information about—

The Governor-General may, by Order in Council, make regulations prescribing information for the defendant for the purposes of, and under, this section.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Failure to comply with section 15(1) does not invalidate—

However, the commencement New Zealand court or tribunal may, on an application by the defendant under subsection (3), make an order setting aside (wholly or in part, and on any terms as to costs or otherwise that it considers appropriate)—

The defendant’s application can only be made—

A defendant who is served with an initiating document in Australia under section 13 and who wishes to file an appearance or response document must do so—

Appearance or response document means a document that—

The address for service stated by the defendant in the appearance or response document for a proceeding is to be treated as the defendant’s address for service for the proceeding.

That address may be changed, to an address in New Zealand or Australia, under the procedural rules of the commencement New Zealand court or tribunal.

This section applies to a defendant who—

Under section 23(4) the defendant, the defendant’s counsel, or both may, despite section 38 (but subject to the rest of subpart 4), appear remotely in the hearing by the New Zealand court of the application for a stay of the proceeding if—

This section is by way of explanation only. It does not affect section 23(4).

A commencement New Zealand court or tribunal that considers it appropriate in all the circumstances to do so may, on an application by a defendant served, or purportedly served, under section 13, order the giving of security for costs.

An order under subsection (1)—

The New Zealand court or tribunal may make an order under subsection (1) even if the defendant has taken a step in the proceeding before applying for security.

A plaintiff’s solicitor must not be accepted as surety for a security that the plaintiff is required to give under subsection (1).

This subpart is about when a New Zealand court may stay a proceeding on the grounds that an Australian court is the more appropriate court to determine the matters in issue.

The New Zealand court may only stay the proceeding if the defendant applies for the proceeding to be stayed. The defendant must make the application within 30 working days after being served with the initiating document for the proceeding, or such shorter or longer period that the court considers appropriate.

The New Zealand court may only stay the proceeding if it is satisfied that an Australian court has jurisdiction to determine the matters in issue and that it is the more appropriate court to determine those matters. In determining whether the Australian court is the more appropriate court, the New Zealand court must take certain matters into account. They are set out in section 24(2).

However, if the parties have made an exclusive choice of court agreement that designates either an Australian court or a New Zealand court as the court to determine the matters in issue, the New Zealand court’s order as to whether or not to stay the proceeding must be consistent with that agreement (see section 25).

A defendant in a civil proceeding commenced in a New Zealand court may apply to the court for an order staying the proceeding on the grounds that an Australian court is the more appropriate court for the proceeding.

The proceeding may be one commenced in the New Zealand court before the commencement of this subpart, but only if an initiating document for it was served on the defendant in Australia under subpart 1.

The application must be made—

The New Zealand court may determine the defendant’s application under section 22 without a hearing.

However, the New Zealand court must determine the defendant’s application under section 22 with a hearing if any of the following requests it to do so:

The request must be made—

The defendant, the defendant’s counsel, or both may, despite section 38 (but subject to the rest of subpart 4), appear remotely in the hearing if—

The Governor-General may, by Order in Council, make regulations—

Regulations under subsection (5) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

On an application under section 22, the New Zealand court may, by order, stay the proceeding if it is satisfied that an Australian court—

In determining whether an Australian court is the more appropriate court to determine the matters in issue between the parties to the proceeding, the New Zealand court must not take into account the fact that the proceeding was commenced in New Zealand, but must take into account the following matters:

On an application under section 22 (and despite section 24) the New Zealand court—

However, subsection (1)(a) does not apply to an exclusive choice of court agreement if the New Zealand court is satisfied that—

However, subsection (1)(b) does not apply to an exclusive choice of court agreement if the New Zealand court is satisfied that it is null and void under the law (including, without limitation, the rules of private international law) of New Zealand.

Exclusive choice of court agreement, in relation to matters in issue between parties to a proceeding, means a written agreement between those parties that—

An order under section 24 or 25 may be made subject to any conditions the New Zealand court considers are appropriate in order to facilitate, without delay or undue expense, the determination of the matters in issue between the parties to the proceeding.

A New Zealand court cannot stay a civil proceeding before it on forum grounds connected with Australia otherwise than in accordance with this subpart.

However, this subpart does not affect any power of the New Zealand court to stay the proceeding on any other grounds.

A New Zealand court must not restrain a person from commencing a civil proceeding in an Australian court on the grounds that the Australian court is not the appropriate forum for the proceeding.

Also, a New Zealand court must not restrain a party to a civil proceeding before an Australian court from taking a step in that proceeding on the grounds that the Australian court is not the appropriate forum for the proceeding.

This section applies if—

For the purposes of every applicable limitation period or defence under New Zealand law, the New Zealand proceeding is to be treated as commencing at the time the Australian proceeding commenced.

This subpart provides for certain New Zealand courts to give interim relief in support of civil proceedings in Australian courts.

For the New Zealand court to give interim relief, a party to the Australian proceeding must apply for it.

The New Zealand court may give interim relief if it considers it appropriate and, if a similar proceeding had been commenced in the New Zealand court, it would have given interim relief in that similar proceeding.

A party or intended party to a civil proceeding commenced or to be commenced in an Australian court after the commencement of this subpart may apply to the following New Zealand courts for interim relief (other than excluded interim relief) in support of the Australian proceeding:

Interim relief is excluded interim relief if it is all or any of the following:

The Governor-General may, by Order in Council, declare a New Zealand court (other than the High Court) to be a court to which subsection (1)(b) applies.

An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

On an application under section 31(1), the New Zealand court may give interim relief (other than excluded interim relief) in support of the Australian proceeding if—

This subpart does not affect the court’s procedural rules, or any other New Zealand laws, under which the court may give interim relief in support of the Australian proceeding.

The procedural rules of the New Zealand court apply to the proceeding for interim relief under section 31(1) as if the Australian proceeding were a similar proceeding commenced in the New Zealand court.

This subpart is about people appearing remotely from Australia in New Zealand civil proceedings, and people appearing remotely from New Zealand in Australian civil proceedings. However, this subpart applies only to remote appearances unrelated to remote evidence in those proceedings. Trans-Tasman remote appearances related to remote evidence in civil or criminal proceedings are governed by subpart 1 of Part 4 of the Evidence Act 2006 (operating in conjunction with the Australian Act).

Sections 38 to 43 are about remote appearances from Australia—

Sections 44 to 51 are about remote appearances from New Zealand in a civil proceeding in an Australian court or tribunal, where those remote appearances are made in accordance with the Australian Act and are not related to remote evidence in the proceeding. Sections 44 to 51—

This subpart applies only to a remote appearance by or on behalf of a party to a civil proceeding, and that is a remote appearance to do things other than all or any of the following:

This subpart therefore does not affect, but complements, subpart 1 of Part 4 of the Evidence Act 2006 (operating in conjunction with the Australian Act) and, in particular, the following sections of the Evidence Act 2006:

Nothing in the Courts (Remote Participation) Act 2010 applies to any remote appearance in accordance with section 23(4) or sections 37 to 43 or 44 to 51.

Sections 38 to 43 apply only to a civil proceeding commenced before or after the commencement of this subpart in—

By way of explanation, the proceeding may, but need not, relate to enforcement of a judgment registered under subpart 5, or may, but need not, be a proceeding in respect of an application—

The Governor-General may, by Order in Council, declare a New Zealand tribunal to be a tribunal to which sections 38 to 43 apply.

An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The New Zealand court or tribunal may, on an application for the purpose, give a party to the proceeding, the party’s counsel, or both leave to appear remotely in 1 or more hearings in or related to the proceeding using—

The court or tribunal must not give leave to the party or the party’s counsel unless it is satisfied that—

If the party’s counsel is not entitled to appear before the court or tribunal, the court or tribunal must not give leave to the party’s counsel unless satisfied that—

If the party’s counsel is entitled to practise as a barrister, a solicitor, or both in the Supreme Court of a State or Territory of Australia, and is given leave under subsection (3),—

This section applies to a defendant who—

Under section 23(4) the defendant, the defendant’s counsel, or both may, despite section 38 (but subject to the rest of this subpart), appear remotely in the hearing by the New Zealand court of the application for a stay of the proceeding if—

This section is by way of explanation only. It does not affect section 23(4).

A person must not appear remotely from Australia by audiovisual link unless the courtroom or other place in New Zealand where the court or tribunal is sitting (the New Zealand place) and the place in Australia where the remote appearance would be made (the Australian place) are equipped with facilities that enable—

A person must not appear remotely from Australia by audio link unless the courtroom or other place in New Zealand where the court or tribunal is sitting (the New Zealand place) and the place in Australia where the remote appearance would be made (the Australian place) are equipped with facilities that enable—

Unless the New Zealand court or tribunal otherwise orders, the costs involved in the party, the party’s counsel, or both participating in hearings by using a remote appearance medium, under section 23(4) or, as the case requires, under leave given under section 38, must be paid by the defendant who made under section 23(4)(c) a request to appear remotely or, as the case requires, the applicant for that leave.

The New Zealand court or tribunal may make an order specifying the amount payable by a party under subsection (1), and requiring the party to pay that amount.

An order made under subsection (2) by a tribunal that does not have the power to enforce its orders—

For the purposes of a remote appearance from Australia under section 23(4) or leave given under section 38, the New Zealand court or tribunal may exercise in Australia all its powers that it is permitted to exercise in Australia under Australian law.

A remote appearance from New Zealand in a proceeding in an Australian court or tribunal is authorised if it is in accordance with the Australian Act.

However, a defendant on whom an initiating document has been served in New Zealand under the Australian Act and the defendant’s counsel may, without leave, appear remotely in any hearing before that court of the defendant’s application under that Act for a stay of proceedings if—

For the purposes of a remote appearance by a person in New Zealand under section 44, an Australian court or tribunal may exercise in New Zealand any of its powers, except its powers to—

The Australian law that applies to the proceeding in Australia also applies, subject to subsection (1), to the practice and procedure of the Australian court or tribunal in relation to a remote appearance by a person in New Zealand under section 44.

The Australian court or tribunal may, by order,—

This section does not limit section 45.

An order under section 46—

The Judge of the High Court has and may exercise the powers, including the power to punish for contempt, that would have been available to enforce the order if it had been made by that Judge.

For the purposes of sections 45 and 46, the place in New Zealand from which a remote appearance is made in a hearing in or related to a proceeding before an Australian court or tribunal is deemed to be part of that court or tribunal.

A Judge, Associate Judge, Magistrate, or Master of an Australian court or member of an Australian tribunal has, in relation to a remote appearance by a person in New Zealand under section 44, all the privileges, protections, and immunities of a Judge of the High Court.

A person in New Zealand appearing remotely under section 44 as a barrister, a solicitor, or both has, in relation to the remote appearance, all the privileges and immunities of counsel in the High Court.

A person in New Zealand appearing remotely under section 44 as a party has, in relation to the remote appearance, all the privileges and immunities of a party in a proceeding in the High Court.

A person commits an offence if the person—

A person commits an offence if the person—

A person commits an offence if the person—

A person commits an offence if the person—

Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $1,000, or to both.

An officer of a New Zealand court or tribunal may, at the request of an Australian court or tribunal,—

This subpart is about the enforcement in New Zealand of specified judgments of Australian courts and tribunals.

To be enforceable, the judgment has to be registered in a New Zealand court. To be registered, the judgment must be a registrable Australian judgment (which is defined in section 54) and an application for its registration must be made.

Once registered in a New Zealand court, the judgment has the same force, and may be enforced in the New Zealand court, as if the judgment had been given by the New Zealand court. There are some exceptions to this—see, for example, the following sections:

A registrable Australian judgment cannot be enforced in New Zealand if it is not registered in a New Zealand court under section 57.

By way of explanation, the judgment therefore cannot be enforced by way of—

A judgment is a registrable Australian judgment if—

However, a judgment is not a registrable Australian judgment by virtue of subsection (1) if it wholly or partly—

For the purposes of subsection (2)(b), the Governor-General may, by Order in Council, declare a kind of non-money judgment to be excluded from recognition and enforcement under this subpart.

For the purposes of subsection (1), a judgment must be treated as final and conclusive even if—

An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Governor-General may, by Order in Council,—

Orders of an Australian tribunal must not be declared under subsection (1)(b) to be orders to which this subpart applies unless those orders are—

An order under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

An entitled person may apply to the Registrar of a New Zealand court to register in that court an Australian judgment if that court is—

The application must be—

The Governor-General may, by Order in Council, make regulations prescribing the form of, and requirements for, an application under this section.

Requirements prescribed under subsection (3) may be or include requirements that specified documents be lodged or filed in a specified way, and with, or within a specified time after the lodging or filing of, the application.

Subsection (4) does not limit subsection (3).

Regulations under subsection (3) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A Registrar of a New Zealand court must, on application under section 56, register in that court under this subpart a registrable Australian judgment.

Once registered, the judgment remains registered unless the registration is set aside under section 61.

If a sum of money payable under a registrable Australian judgment is expressed in a currency other than New Zealand currency, the judgment must be registered in the New Zealand court under section 57,—

Working day, in subsection (1)(b), has the same meaning as in section 13 of the Legislation Act 2019.

The rate of exchange on the conversion day is that determined in the prescribed manner.

The Governor-General may, by Order in Council, make regulations prescribing the manner of determining the rate of exchange on the conversion day.

This section is subject to section 59 (money judgments partly satisfied).

Regulations under subsection (4) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A money judgment that has been partly satisfied at the time at which an entitled person applies for registration of that judgment may be registered under section 57 only in respect of the balance remaining payable under that judgment at that time.

This section applies to a judgment if a Registrar of a New Zealand court to whom an application for registration of the judgment is made under section 56 considers that—

The judgment may be registered in the New Zealand court under section 57 in respect of the registrable provisions, but no other provisions.

This section specifies the only situations in which a New Zealand court in which an Australian judgment has been registered under section 57 may set aside the registration of the judgment.

The New Zealand court must, on application by a liable person within the applicable period under subsection (3), set aside the registration of the judgment if satisfied that—

An application under subsection (2) must be made—

If a New Zealand court registers an Australian judgment under section 57, the entitled person must give a notice of the registration to every liable person.

The notice must—

The notice must be given—

The Governor-General may, by Order in Council, make regulations prescribing—

Regulations under subsection (4) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A registered Australian judgment has the same force and effect, and may give rise to the same proceedings for enforcement, as if it were a judgment given by the New Zealand court in which it is registered.

However, if notice of the registration of the judgment has not been given to every liable person under section 62, then subsection (1) applies to the judgment only after 45 working days of the New Zealand court after the day of registration.

Subsection (1) is subject to—

A registered Australian judgment is capable of being enforced only if, and to the extent that, at the time it is being or is to be enforced, the judgment is capable of being enforced in the original court or tribunal or in another Australian court or tribunal.

A New Zealand court in which an Australian judgment has been registered under section 57 may, on an application under subsection (3) by a liable person, order that a proceeding in that court for enforcement of the judgment—

The order—

An application under subsection (1) must be made—

If a registered Australian judgment has for enforcement been transferred to a New Zealand court other than the one in which it is registered under section 57, an application under subsection (1) may be made to, and heard and determined by, only that other New Zealand court.

This section does not affect any other powers of the New Zealand court to delay or stay the enforcement of the registered Australian judgment on any grounds on which the court could delay or stay the enforcement of a judgment of a New Zealand court or tribunal.

If a proceeding for enforcement of a registered Australian judgment is commenced in a New Zealand court, the following costs and expenses are recoverable in the proceeding:

However, an entitled person’s entitlement to recover, and a liable person’s liability to pay, the costs and expenses specified in subsection (1)(b) are the same as they would be in a proceeding in that New Zealand court for enforcement of—

Interest on a sum of money payable under a registered Australian judgment—

Enforcement in New Zealand of a registered Australian judgment is not affected by the operation of any rule of private international law (other than any rule in this subpart) in operation in New Zealand.

In particular, no New Zealand court may refuse to enforce a registered Australian judgment, or may delay, limit, or prohibit its enforcement, on all or any of the following grounds:

Subsection (2) does not limit subsection (1).

This subpart makes judgments given in an Australian trans-Tasman market proceeding, and that do not impose a civil pecuniary penalty, registrable Australian judgments for the purposes of recognition and enforcement in New Zealand under subpart 5.

A judgment must be treated for the purposes of subpart 5 as a registrable Australian judgment if the judgment—

The judgment referred to in section 70 may, but need not, be—

An application under section 56 to register in a New Zealand court a registrable Australian judgment may be made only to a Registrar of the High Court if the judgment—

Subsection (1) overrides section 56, which if not overridden would permit the application to be made to a Registrar of a New Zealand court specified or described in section 56(1)(a) or (b).

This subpart makes judgments given by Australian courts in civil proceedings, and imposing civil pecuniary penalties (as defined in section 4(1)), registrable Australian judgments for the purposes of recognition and enforcement in New Zealand under subpart 5.

A judgment must be treated for the purposes of subpart 5 as a registrable Australian judgment if the judgment—

The Governor-General may, by Order in Council, declare a kind of judgment imposing a civil pecuniary penalty to be excluded from recognition or enforcement under subpart 5.

An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Subsection (2) applies to an application under section 56 to register in a New Zealand court a registrable Australian judgment if the judgment—

The application may be made only to a Registrar of a New Zealand court that is—

The civil pecuniary penalty under New Zealand law that is referred to in subsection (2)(b) may, but need not, be one imposed for the same or similar purposes, or in respect of the same or a similar subject matter, as the one imposed by the registrable Australian judgment.

Subsection (5) applies to an application under section 56 to register in a New Zealand court a registrable Australian judgment if the judgment—

The application may be made only to a Registrar of the High Court.

Subsections (2) and (5) override section 56, which if not overridden would permit the applications to be made to a Registrar of a New Zealand court specified or described in section 56(1)(a) or (b).

This subpart makes certain judgments given by Australian courts in criminal proceedings, and that impose regulatory regime criminal fines (as defined in section 4(1)), registrable Australian judgments for the purposes of recognition and enforcement in New Zealand under subpart 5.

A judgment must be treated for the purposes of subpart 5 as a registrable Australian judgment if the judgment—

The Governor-General may, by Order in Council,—

Section 5 applies to a reference in an order under subsection (2) to a repealed Australian enactment.

An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

An application under section 56 in respect of a registrable Australian judgment that imposes a regulatory regime criminal fine may be made only to a Registrar of the High Court.

Subsection (1) overrides section 56, which if not overridden would permit the application to be made to a Registrar of a New Zealand court specified or described in section 56(1)(a) or (b).