Federal Court Rules 2011

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.

The originating application must be accompanied by:

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

an affidavit stating the following:

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

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;

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;

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

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;

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

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;

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;

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.

The application may be without notice.

Without notice is defined in the Dictionary.