Meaning of registrable NZ judgment
66 Meaning of registrable NZ judgment
A judgment is a registrable NZ judgment if:
the judgment is a final and conclusive judgment that is given in a civil proceeding by a New Zealand court; or
the judgment is a final and conclusive judgment that:
is given in a civil proceeding by a New Zealand tribunal that is prescribed by the regulations; and
is of a kind prescribed by the regulations; or
the judgment is a final and conclusive judgment that:
is given in a criminal proceeding by a New Zealand court; and
consists wholly of a requirement to pay an injured party a sum of money by way of compensation, damages or reparation; or
the judgment is a final and conclusive judgment that:
is given in a criminal proceeding by a New Zealand court; and
consists wholly of an imposition of a regulatory regime criminal fine; and
meets the conditions (if any) of a kind prescribed by the regulations; or
the judgment is a final and conclusive order made under the NZ Act or the NZ Evidence Act by a New Zealand court or tribunal, being an order for the payment of expenses incurred:
by a witness in complying with a subpoena served on the witness in Australia under Division 3 of Part 5 of this Act; or
in connection with appearing remotely from Australia in a New Zealand proceeding under Division 3 of Part 6 of this Act; or
the judgment is an NZ market proceeding judgment; or
the judgment is registered in a New Zealand court under the Reciprocal Enforcement of Judgments Act 1934 of New Zealand.
However, a judgment is not a registrable NZ judgment if it wholly or partly:
relates to an excluded matter; or
is a non‑money judgment of a kind prescribed by the regulations; or
is an order under proceeds of crime legislation; or
is an order relating to the granting of probate or letters of administration or the administration of the estate of a deceased person; or
is an order relating to the guardianship or care of a person who is incapable of managing his or her personal affairs; or
is an order relating to the management of the property of a person who is incapable of managing that property; or
is an order relating to the care, control, or welfare of a child; or
imposes a civil pecuniary penalty of a kind prescribed by the regulations; or
is an order that, if contravened by a person to whom it is directed, will make the person liable to conviction for an offence in the place where it was made; or
relates to a matter of a kind prescribed by the regulations.
For the purposes of subsection (1), a judgment is to be treated as final and conclusive even if:
a person may appeal against it in a New Zealand court or tribunal; or
an appeal against it in a New Zealand court or tribunal has not been finally determined.
For the purposes of subparagraph (1)(b)(ii) if the judgment:
is not made in connection with the performance of an adjudicative function; or
is not enforceable without an order of a court; or
imposes a civil pecuniary penalty.
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