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s 41.62

Application for an order for registration of foreign judgment

In force
Chapter 5Judgments, costs and other general provisions
Part 41Enforcement
Division 41.6Reciprocal enforcement of judgments under Foreign Judgments Act 1991

41.62 Application for an order for registration of foreign judgment

(1)

A party who wants to register a judgment under section 6(1) of the Foreign Judgments Act 1991 must file an originating application, in accordance with Form 134.

(2)

The originating application must be accompanied by:

(a)

a copy of the judgment certified by the original court, and if the judgment is not in the English language a translation of the judgment authenticated by an affidavit; and

(b)

an affidavit stating the following:

(i)

the full name, occupation and the usual or last‑known place of residence, or of business, of the parties;

(ii)

if section 6(1)(b) of the Foreign Judgments Act 1991 is relied on—the date of the last judgment in proceedings by way of appeal;

(iii)

that the judgment was given in a proceeding in which a matter for determination arose under the Commerce Act 1986 (New Zealand), other than a proceeding or a part of a proceeding in which a matter for determination arose under section 36A, 98H or 99A of that Act;

(iv)

that Part 2 of the Foreign Judgments Act 1991 applies to the judgment;

(v)

that if the judgment were registered the registration would not be, or be liable to be, set aside under section 7 of the Foreign Judgments Act 1991;

(vi)

the amount of costs of, and incidental to, the registration sought to be included in the registered judgment;

(vii)

if the judgment is a money judgment—that judgment was given in a superior court of a country in relation to which Part 2 of the Foreign Judgments Act 1991 extends, or an inferior court of such a country, being an inferior court in relation to which Part 2 of the Foreign Judgments Act 1991 extends;

(viii)

if section 13 of the Foreign Judgments Act 1991 does not apply to the country of the original court—that that section does not so apply;

(ix)

if the judgment is a non‑money judgment—that the judgment is a non‑money judgment of a kind prescribed under section 5(6) of the Foreign Judgments Act 1991.

(3)

The application may be without notice.

Note:

Without notice is defined in the Dictionary.

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