The Judicature Act provides for the enforcement in the High Court of a money judgment of any Commonwealth Court.

The Act only applies to foreign judgments which cannot be enforced under the Reciprocal Enforcement of Judgments Act. If a particular judgment is not enforceable under the Reciprocal Enforcement of Judgments Act, even though it is a judgment to which that Act applies, the provisions of the Judicature Act 1908 may still operate.

To enforce a foreign judgment under the Judicature Act, the judgment creditor must file in the High Court a memorial of the judgment or order obtained. The memorial must state the essential facts, such as the details of the parties, the date of trial and entry of judgment, and must be signed by the solicitors for the creditor and sealed by the Court in the country of judgment. The person against whom the judgment was obtained (judgment debtor) is then notified (usually by way of the issue of a summons) that steps are being taken to enforce the judgment in New Zealand and is allowed the opportunity to apply for an order that execution not be allowed.

If the judgment debtor does not successfully apply for the judgment not to be enforced in New Zealand, the High Court may make an order allowing execution on such terms and conditions as it thinks fit.