Commonwealth Consolidated Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 67

Judgments (other than civil pecuniary penalties , criminal fines or NZ market proceeding judgments )

  (1)   An entitled person may apply to register an NZ judgment (other than one that imposes a civil pecuniary penalty or a regulatory regime criminal fine , or is an NZ market proceeding judgment ) in an y of the following courts:

  (a)   a superior Australian court;

  (b)   an inferior Australian court that has power to give the relief that is in the judgment .

Civil pecuniary penalties

  (2)   An entitled person may apply to register an NZ judgment that impose s a civil pecuniary penalty (other than an NZ market proceeding judgment) in :

  (a)   a superior Australian court ; or

  (b)   an inferior Australian court that has power to impose a civil pecuniary penalty of the same value as the penalty imposed by the judgment .

Criminal fines

  (3)   An entitled person may apply to register an NZ judgment (other than an NZ market proceeding judgment) in a superior Australian court if the judgment impose s a regulatory regime criminal fine.

NZ market proceeding judgments

  (4 )   An entitled person may apply to register an NZ market proceeding judgment in the Federal Court.

Application requirements

  (5 )   An application under this section must be made:

  ( a )   in the form (if any) prescribed by the regulations; and

  ( b )   in accordance with the requirements (if any) prescribed by the regulations ; and

  (c)   within:

  (i)   6 years after the day on which the judgment is given; or

  (ii)   if there have been proceedings by way of appeal against the judgment-- 6 years after the day of the last judgment in those proceedings; or

  (iii)   if, before or after the period referred to in subparagraph   ( i) or (ii), the entitled person applies to the Australian court for a longer period--any longer period the Australian court considers appropriate.

  ( 6 )   Without limiting paragraph   ( 5 ) ( b ) , regulations made for the purposes of that paragraph may prescribe that specified documents be filed:

  (a)   in a specified way ; and

  (b)   with, or wi thin a specified time after the filing of, the application.