UNIFORM CIVIL PROCEDURE RULES 1999 - REG 595D Starting proceeding for order under Trans-Tasman Proceedings Act

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 595D

595D Starting proceeding for order under Trans-Tasman Proceedings Act

(1) A person who wants to start a proceeding for an order under the Trans-Tasman Proceedings Act must start the proceeding by application.

(2) The application must be supported by an affidavit that states the material facts on which the applicant relies that are necessary to give the respondent fair notice of the case to be made against the respondent at the hearing of the proceeding.

(3) Without limiting subrule (2) , an affidavit in support of an application for an order for interim relief under the Trans-Tasman Proceedings Act , section 25 must state the following—

(a) if the person has started a civil proceeding in a New Zealand court—

(i) that the person has started the proceeding in a New Zealand court; and

(ii) the relief sought in the New Zealand proceeding; and

(iii) the steps taken in the New Zealand proceeding;

(b) if the person intends to start a proceeding in a New Zealand court—

(i) when the intended proceeding will be started; and

(ii) the court in which the intended proceeding is to be started; and

(iii) the relief to be sought in the intended proceeding;

(c) the interim relief sought;

(d) why the interim relief should be given.