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s 66

Meaning of registrable NZ judgment

In force
Part 7Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals
Division 2Recognition and enforcement in Australia of specified judgments of New Zealand courts and tribunals

66 Meaning of registrable NZ judgment

(1)

A judgment is a registrable NZ judgment if:

(a)

the judgment is a final and conclusive judgment that is given in a civil proceeding by a New Zealand court; or

(b)

the judgment is a final and conclusive judgment that:

(i)

is given in a civil proceeding by a New Zealand tribunal that is prescribed by the regulations; and

(ii)

is of a kind prescribed by the regulations; or

(c)

the judgment is a final and conclusive judgment that:

(i)

is given in a criminal proceeding by a New Zealand court; and

(ii)

consists wholly of a requirement to pay an injured party a sum of money by way of compensation, damages or reparation; or

(d)

the judgment is a final and conclusive judgment that:

(i)

is given in a criminal proceeding by a New Zealand court; and

(ii)

consists wholly of an imposition of a regulatory regime criminal fine; and

(iii)

meets the conditions (if any) of a kind prescribed by the regulations; or

(e)

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:

(i)

by a witness in complying with a subpoena served on the witness in Australia under Division 3 of Part 5 of this Act; or

(ii)

in connection with appearing remotely from Australia in a New Zealand proceeding under Division 3 of Part 6 of this Act; or

(f)

the judgment is an NZ market proceeding judgment; or

(g)

the judgment is registered in a New Zealand court under the Reciprocal Enforcement of Judgments Act 1934 of New Zealand.

(2)

However, a judgment is not a registrable NZ judgment if it wholly or partly:

(a)

relates to an excluded matter; or

(b)

is a non‑money judgment of a kind prescribed by the regulations; or

(c)

is an order under proceeds of crime legislation; or

(d)

is an order relating to the granting of probate or letters of administration or the administration of the estate of a deceased person; or

(e)

is an order relating to the guardianship or care of a person who is incapable of managing his or her personal affairs; or

(f)

is an order relating to the management of the property of a person who is incapable of managing that property; or

(g)

is an order relating to the care, control, or welfare of a child; or

(h)

imposes a civil pecuniary penalty of a kind prescribed by the regulations; or

(i)

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

(j)

relates to a matter of a kind prescribed by the regulations.

(3)

For the purposes of subsection (1), a judgment is to be treated as final and conclusive even if:

(a)

a person may appeal against it in a New Zealand court or tribunal; or

(b)

an appeal against it in a New Zealand court or tribunal has not been finally determined.

(4)

For the purposes of subparagraph (1)(b)(ii) if the judgment:

(a)

is not made in connection with the performance of an adjudicative function; or

(b)

is not enforceable without an order of a court; or

(c)

imposes a civil pecuniary penalty.

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