Trans Tasman Proceedings Act 2010
From 10 October 2013, parties may register Australian judgments in New Zealand under the Trans Tasman Proceedings Act 2010 (“TTPA”). Once registered, the judgment may be enforced through the New Zealand courts as if it were a New Zealand judgment.
To qualify for registration, a judgment must be:
- given in a civil proceeding by an Australian court or prescribed tribunal;
- given in a criminal proceeding by an Australian court, with a requirement to pay an injured party a sum of money by way of compensation, damages, or reparation;
- for the payment of expenses incurred by a witness in complying with an Australian subpoena served on the witness in New Zealand or incurred by a person in connection with the taking of remote evidence; or
- registered in an Australian court under the Foreign Judgments Act 1991 (Aust).
Applicants must complete the prescribed form and attach a copy of the judgment. The form can be filed at any court with jurisdiction to give the relief ordered in the judgment. Upon registration, notice of the registration must be given to the liable party within 15 working days. The judgment becomes effective as if it were a New Zealand judgment from the date of registration or, if no notice is given, 45 working days after registration.
Once registered, the judgment is only enforceable if it would be enforceable in Australia. As part of the enforcement process in the Family, District or High Court, an applicant must provide an affidavit confirming:
- the judgment has been registered;
- the judgment is capable of being enforced in Australia; and
- every liable person has notice of the registration or 45 working days have elapsed since the day of registration.
The other party can apply to set aside registration if:
- the judgment was registered in contravention of the TTPA; or
- enforcement of the judgment would be contrary to public policy in New Zealand; or
- the judgment was given in a proceeding the subject matter of which was
- immovable property, or was given in a proceeding in rem the subject matter of which was movable property, and that property was, at the time of the proceeding in the original court or tribunal, not situated in Australia.