TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 66 Meaning of registrable NZ j udgment
TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 66
Meaning of registrable NZ j udgment(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 judg ment that :
(i) is given in a criminal pr oceeding by a New Zealand court; and
(i i ) consists wholly of an imposition of a regulatory regime criminal fine; and
(ii i ) meets the conditions (if any) of a kind prescribed by the regulations; or
(e ) the judgment is a f inal 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 a n 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 judg ment 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.