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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.



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