{"id":"F2012L00410","name":"Trans-Tasman Proceedings Regulation 2012","slug":"trans-tasman-proceedings-regulation-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"11 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":88521,"registerId":"commonwealth-F2012L00410-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n  This regulation is the Trans‑Tasman Proceedings Regulation 2012.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n> Note: A number of expressions used in this regulation are defined in the Act, including the following:\n\n    (a) liable person;\n    (b) plaintiff.\n  In this regulation:\n\n> Act means the Trans‑Tasman Proceedings Act 2010.\n\n> Cth is short for ‘Commonwealth of Australia’.\n\n> NZ is short for ‘New Zealand’.\n\n> registrable NZ judgment has the meaning given by section 66 of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Forms","content":"#### 4 Forms\n\n  A reference in a provision of this regulation to a form by number is a reference to the form of that number in Schedule 1.\n\n> Note: A form must be completed in accordance with any directions specified in the form, but the directions may be omitted from the completed document.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Service in NZ of initiating document","content":"## Part 2—Service in NZ of initiating document","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Information to be given to defendant","content":"#### 5 Information to be given to defendant\n\n  For subsection 11(1) of the Act, an initiating document served in NZ under section 9 of the Act must contain or be accompanied by a notice in accordance with Form 1.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application to stay proceeding on forum grounds","content":"## Part 3—Application to stay proceeding on forum grounds","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Request for hearing of stay application","content":"#### 6 Request for hearing of stay application\n\n  A request by a person mentioned in paragraph 18(2)(a), (b) or (c) of the Act for a hearing to determine an application made under section 17 of the Act may be made in accordance with Form 2.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Request for remote appearance","content":"#### 7 Request for remote appearance\n\n  A request by a defendant under paragraph 18(4)(b) of the Act to appear remotely in a hearing may be made in accordance with Form 3.","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Australian courts granting interim relief","content":"## Part 4—Australian courts granting interim relief","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Australian courts to which application for interim relief may be made","content":"#### 8 Australian courts to which application for interim relief may be made\n\n  For paragraph 25(d) of the Act, the following Australian courts are prescribed:\n    (a) Federal Circuit and Family Court of Australia (Division 2);\n    (b) County Court (Victoria);\n    (c) Magistrates’ Court of Victoria;\n    (d) District Court of Queensland;\n    (e) Magistrates Courts (Queensland);\n    (f) The District Court of Western Australia;\n    (g) Magistrates Court (Western Australia);\n    (h) Family Court of Western Australia;\n    (i) Magistrates Court (Australian Capital Territory);\n    (j) Local Court (Northern Territory).","sortOrder":10},{"sectionNumber":"Part 5","sectionType":"part","heading":"Subpoenas","content":"## Part 5—Subpoenas","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Australian courts and tribunals to which Division 2 of Part 5 of the Act applies","content":"#### 9 Australian courts and tribunals to which Division 2 of Part 5 of the Act applies\n\n  (1) For paragraph 29(1)(b) of the Act, the following State and Territory courts are prescribed:\n    (a) Supreme Court of New South Wales;\n    (b) District Court of New South Wales;\n    (c) Local Court of New South Wales;\n    (d) Children’s Court of New South Wales;\n    (e) Dust Diseases Tribunal of New South Wales;\n    (f) Supreme Court of the State of Victoria;\n    (g) County Court (Victoria);\n    (h) Magistrates’ Court of Victoria;\n    (i) Supreme Court of Queensland;\n    (j) District Court of Queensland;\n    (k) Magistrates Courts (Queensland);\n    (l) Planning and Environment Court (Queensland);\n    (m) Land Court (Queensland);\n    (n) Childrens Court of Queensland;\n    (o) Industrial Court of Queensland;\n    (p) Supreme Court of Western Australia;\n    (q) The District Court of Western Australia;\n    (r) Magistrates Court of Western Australia;\n    (s) Family Court of Western Australia;\n    (t) Supreme Court of South Australia;\n    (u) District Court of South Australia;\n    (v) Magistrates Court of South Australia;\n    (w) Supreme Court of Tasmania;\n    (x) Magistrates Court (Civil Division) (Tasmania);\n    (y) Supreme Court of the Australian Capital Territory;\n    (z) Magistrates Court (Australian Capital Territory);\n    (za) Supreme Court of the Northern Territory of Australia;\n    (zb) Local Court (Northern Territory);\n    (zc) Court of Summary Jurisdiction (Northern Territory);\n    (zd) Youth Justice Court (Northern Territory);\n    (ze) Work Health Court (Northern Territory).\n  (2) For paragraph 29(1)(c) of the Act, the following Australian tribunals are prescribed:\n    (a) Administrative Review Tribunal (Commonwealth);\n    (b) Trans‑Tasman IP Attorneys Disciplinary Tribunal (Commonwealth).","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Notice to accompany subpoena","content":"#### 10 Notice to accompany subpoena\n\n  For paragraph 32(2)(b) of the Act, Form 4 is prescribed.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Receipt of documents and things required by subpoena","content":"#### 11 Receipt of documents and things required by subpoena\n\n  (1) For paragraph 44(1)(b) of the Act, the following State and Territory courts are prescribed, and for subsection 44(2) of the Act, each registry of those courts is specified:\n    (a) Supreme Court of New South Wales;\n    (b) Local Court of New South Wales;\n    (c) Children’s Court of New South Wales;\n    (d) Dust Diseases Tribunal of New South Wales;\n    (e) Supreme Court of the State of Victoria;\n    (f) Country Court (Victoria);\n    (g) Supreme Court of Queensland;\n    (h) Supreme Court of Western Australia;\n    (i) The District Court of Western Australia;\n    (j) Magistrates Court of Western Australia;\n    (k) Family Court of Western Australia;\n    (l) Supreme Court of South Australia.\n  (2) In addition, the following courts are prescribed, and the registries mentioned for those courts are specified:\n    (a) Launceston and Burnie registries of the Supreme Court of Tasmania;\n    (b) Darwin and Alice Springs registries of the Supreme Court of the Northern Territory of Australia;\n    (c) Darwin, Alice Springs, Katherine, Tennant Creek and Nhulunbuy registries of the Local Court (Northern Territory);\n    (d) Darwin, Alice Springs, Katherine, Tennant Creek and Nhulunbuy registries of the Court of Summary Jurisdiction (Northern Territory).","sortOrder":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Remote appearances","content":"## Part 6—Remote appearances","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Remote appearances unrelated to remote evidence","content":"#### 12 Remote appearances unrelated to remote evidence\n\n  For paragraph 47(1)(b) of the Act, the following Australian tribunals are prescribed:\n    (aa) Administrative Review Tribunal (Commonwealth);\n    (ab) Trans‑Tasman IP Attorneys Disciplinary Tribunal (Commonwealth);\n    (a) Victorian Civil and Administrative Tribunal;\n    (b) Queensland Civil and Administrative Tribunal;\n    (c) State Administrative Tribunal in Western Australia;\n    (d) ACT Civil and Administrative Tribunal.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Remote appearances related to remote evidence","content":"#### 13 Remote appearances related to remote evidence\n\n  (1) For paragraph 49(1)(b) of the Act, the following State and Territory courts are prescribed:\n    (a) Supreme Court of New South Wales;\n    (b) District Court of New South Wales;\n    (c) Local Court of New South Wales;\n    (d) Children’s Court of New South Wales;\n    (e) Dust Diseases Tribunal of New South Wales;\n    (f) Supreme Court of the State of Victoria;\n    (g) County Court (Victoria);\n    (h) Magistrates’ Court of Victoria;\n    (i) Supreme Court of Queensland;\n    (j) District Court of Queensland;\n    (k) Magistrates Courts (Queensland);\n    (l) Planning and Environment Court (Queensland);\n    (m) Land Court (Queensland);\n    (n) Childrens Court of Queensland;\n    (o) Industrial Court of Queensland;\n    (p) Supreme Court of Western Australia;\n    (q) The District Court of Western Australia;\n    (r) Magistrates Court of Western Australia;\n    (s) Family Court of Western Australia;\n    (t) Supreme Court of South Australia;\n    (u) District Court of South Australia;\n    (v) Magistrates Court of South Australia;\n    (w) Supreme Court of Tasmania;\n    (x) Supreme Court of the Australian Capital Territory;\n    (y) Magistrates Court (Australian Capital Territory);\n    (z) Supreme Court of the Northern Territory of Australia;\n    (za) Local Court (Northern Territory);\n    (zb) Court of Summary Jurisdiction (Northern Territory);\n    (zc) Youth Justice Court (Northern Territory);\n    (zd) Work Health Court (Northern Territory).\n  (2) For paragraph 49(1)(c) of the Act, the following Australian tribunals are prescribed:\n    (a) Administrative Review Tribunal (Commonwealth);\n    (b) Trans‑Tasman IP Attorneys Disciplinary Tribunal (Commonwealth).","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Courts and tribunals that may provide assistance to NZ courts and tribunals","content":"#### 14 Courts and tribunals that may provide assistance to NZ courts and tribunals\n\n  (1) For paragraph 63(2)(c) of the Act, the following State and Territory courts are prescribed:\n    (a) Supreme Court of New South Wales;\n    (b) Local Court of New South Wales;\n    (c) Children’s Court of New South Wales;\n    (d) Dust Diseases Tribunal of New South Wales;\n    (e) Supreme Court of the State of Victoria;\n    (f) County Court (Victoria);\n    (g) Magistrates’ Court of Victoria;\n    (h) Supreme Court of Queensland;\n    (i) Supreme Court of Western Australia;\n    (j) The District Court of Western Australia;\n    (k) Magistrates Court of Western Australia;\n    (l) Family Court of Western Australia;\n    (m) Supreme Court of South Australia;\n    (n) Supreme Court of Tasmania;\n    (o) Supreme Court of the Australian Capital Territory;\n    (p) Supreme Court of the Northern Territory of Australia;\n    (q) Local Court (Northern Territory);\n    (r) Court of Summary Jurisdiction (Northern Territory).\n  (2) For paragraph 63(2)(d) of the Act, the following Australian tribunals are prescribed:\n    (a) Administrative Review Tribunal (Commonwealth);\n    (b) Victorian Civil and Administrative Tribunal.","sortOrder":18},{"sectionNumber":"Part 7","sectionType":"part","heading":"Recognition and enforcement of judgments","content":"## Part 7—Recognition and enforcement of judgments","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Regulatory regime criminal fines","content":"#### 15 Regulatory regime criminal fines\n\n  (1) For the definition of regulatory regime criminal fine in section 4 of the Act, a regulatory regime criminal fine is a fine for a criminal offence under:\n    (a) a provision of the following NZ Acts:\n    (i) Agricultural Compounds and Veterinary Medicines Act 1997 (NZ);\n    (ia) Auditor Regulation Act 2011 (NZ);\n    (ii) Companies Act 1993 (NZ);\n    (iii) Credit Contracts and Consumer Finance Act 2003 (NZ);\n    (iv) Fair Trading Act 1986 (NZ);\n    (iva) Financial Advisers Act 2008 (NZ);\n    (v) Financial Markets Authority Act 2011 (NZ);\n    (va) Financial Markets Conduct Act 2013 (NZ);\n    (vb) Financial Reporting Act 2013 (NZ);\n    (vi) Financial Reporting Act 1993 (NZ);\n    (vii) Financial Service Providers (Registration and Dispute Resolution) Act 2008 (NZ);\n    (viia) Food Act 2014 (NZ);\n    (viii) Food Act 1981 (NZ);\n    (ix) Insurance (Prudential Supervision) Act 2010 (NZ);\n    (x) Securities Act 1978 (NZ);\n    (xi) Securities Markets Act 1988 (NZ);\n    (xii) Takeovers Act 1993 (NZ);\n    (xiii) Unit Trusts Act 1960 (NZ);\n    (b) a provision of the Commerce Act 1986 (NZ), other than a provision in Subpart 9 or 10 of Part 4;\n    (c) subsection 54(1) or (2) of the Health and Disability Services (Safety) Act 2001 (NZ);\n    (d) one or more of the following provisions of the Medicines Act 1981 (NZ):\n    (i) sections 17, 20, 24, 36, 38, 41, 42, 59 and 78;\n    (ii) subsection 18(5);\n    (e) a provision in Part 4, 5 or 5D of the Reserve Bank of New Zealand Act 1989 (NZ).\n  (2) The reference in subsection (1) to a provision (an Act provision) includes a reference to any provision of any subordinate legislation (however described) that is made:\n    (a) under a NZ Act; and\n    (b) in connection with, or for the purposes of, the Act provision.\n  (3) Subsection (1) applies even if the criminal offence under the provision relates to a contravention of, or relates to a fine in or calculated under, or is extended in its application or operation by, any other provision in or made under a NZ Act.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Judgments that are not registrable NZ judgments","content":"#### 16 Judgments that are not registrable NZ judgments\n\n  For paragraph 66(2)(j) of the Act, a judgment is not a registrable NZ judgment if it relates wholly or in part to an order made by a NZ court:\n    (a) under the Insolvency (Cross‑border) Act 2006 (NZ):\n    (i) recognising an Australian or foreign (other than NZ) proceeding; or\n    (ii) providing a discretionary remedy in relation to an Australian or foreign proceeding, if the order is made:\n    (A) on or after the filing of an application for recognition of the proceeding and before the application is decided; or\n    (B) on or after recognition of the proceeding; or\n    (b) under NZ domestic insolvency laws—commencing a proceeding and appointing a representative, if the order is subject to recognition in Australia under the Cross‑Border Insolvency Act 2008.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Application for registration of NZ judgment","content":"#### 17 Application for registration of NZ judgment\n\n  (1) For paragraph 67(5)(a) of the Act, Form 5 is prescribed.\n  (2) For paragraph 67(5)(b) of the Act:\n    (a) if the court is able to receive an application by fax or email—the application may be filed by fax or email; and\n    (b) a sealed, certified or otherwise authenticated copy of the NZ judgment must be physically filed at the court in hard copy:\n    (i) with the application; or\n    (ii) if the application is filed by facsimile or email—within 15 working days after the application is filed.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Rate of exchange","content":"#### 18 Rate of exchange\n\n  For subsection 69(2) of the Act, the rate of exchange on the conversion day, within the meaning of paragraph 69(1)(b) of the Act, is the rate of exchange published for that day by the Reserve Bank of Australia.\n\n> Note: The Reserve Bank of Australia exchange rate is published at www.rba.gov.au.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Notice of registration of NZ judgment","content":"#### 19 Notice of registration of NZ judgment\n\n  (1) For paragraph 73(2)(a) of the Act, Form 6 is prescribed.\n  (2) For paragraph 73(2)(b) of the Act, the notice must be given to each liable person by:\n    (a) delivering the notice by registered post to the liable person’s last known address; or\n    (b) handing the notice to the liable person.","sortOrder":24},{"sectionNumber":"Form 1—Notice to defendant served in NZ","sectionType":"part","heading":"Form 1—Notice to defendant served in NZ","content":"## Form 1—Notice to defendant served in NZ\n\n> Note: (section 5)\n\nPlease read this notice and the attached document(s) very carefully.\n\nIf you have any trouble understanding these documents, you should get legal advice as soon as possible.\n\nThe plaintiff has commenced a proceeding against you in the \\[Australian commencement court or tribunal\\]. Attached to this notice is a/are \\[name(s) of document(s)\\] (‘the attached document(s)’) filed in the \\[Australian commencement court or tribunal\\].\n\nService of the attached document(s) in NZ is authorised by the Trans‑Tasman Proceedings Act 2010 (Cth).\n\nConsequences of the attached document(s) being served on you\n\nThe \\[Australian commencement court or tribunal\\] can consider, and make a decision on, any claim set out in the attached document(s).\n\nThe \\[Australian commencement court or tribunal\\]’s decision on this claim (its judgment) may be enforced in Australia or NZ.\n\nYour rights to apply for the proceeding to be stayed\n\nIf a court in NZ is the more appropriate court to decide the claim set out in the attached document(s), you may be able to have the proceeding stayed by applying to the \\[Australian commencement court or tribunal\\]. If the proceeding is stayed, the claim cannot proceed in the \\[Australian commencement court or tribunal\\].\n\nYou have 30 working days from the day on which you are served with the attached document(s) to apply for the proceeding to be stayed.\n\nIf you think the proceeding should be stayed, it is recommended you get legal advice as soon as possible.\n\nContesting this claim\n\nIf you want to contest this claim, you must take any action set out in the attached document(s) as being necessary to contest the claim. You have 30 working days,1 after the day on which you are served with the attached document(s), to respond.\n\nThe \\[name of appearance or response document\\] must contain an address in Australia or NZ where documents can be left for you or sent to you.\n\n1 If the procedural rules of the Australian commencement court or tribunal would allow a longer period than 30 working days for filing an appearance or response document in the case of service within Australia, substitute that longer period.","sortOrder":25},{"sectionNumber":"Form 2—Request for a hearing of defendan","sectionType":"part","heading":"Form 2—Request for a hearing of defendant’s application for stay of an Australian civil proceeding","content":"## Form 2—Request for a hearing of defendant’s application for stay of an Australian civil proceeding\n\n(section 6)\n\nTo the Registrar of the \\[Australian commencement court or tribunal\\] at \\[place\\]\n\nand\n\nTo \\[name of other party to the proceeding\\]\n\nThis document notifies you that—\n\nThe \\[plaintiff / defendant\\*\\], \\[name\\], requests that the \\[Australian commencement court or tribunal\\] determine with a hearing the defendant’s application under section 17 of the Trans‑Tasman Proceedings Act 2010 (Cth) for an order staying the proceeding.\n\nDate:\n\nSignature:\n\n\\[Plaintiff/Defendant/Solicitor for Plaintiff/Solicitor for Defendant/  \nCounsel for Plaintiff/Counsel for Defendant\\*\\]\n\n\\*Select one","sortOrder":26},{"sectionNumber":"Form 3—Request to appear remotely in the","sectionType":"part","heading":"Form 3—Request to appear remotely in the hearing of an application for stay of Australian civil proceeding","content":"## Form 3—Request to appear remotely in the hearing of an application for stay of Australian civil proceeding\n\n(section 7)\n\n\\[Heading\\]\n\nTo the Registrar of the \\[Australian commencement court or tribunal\\]\n\n1. The \\[defendant/defendant’s counsel/defendant and defendant’s counsel\\*\\] requests under section 18 of the Trans‑Tasman Proceedings Act 2010 (Cth) (‘the Act’) to appear remotely in the hearing of the defendant’s application for a stay of the proceeding.\n\n2. The defendant was \\[served/purportedly served\\*\\] in NZ under section 9 of the Act with the initiating document for the proceeding.\n\n3. The \\[Australian commencement court or tribunal\\] is determining with a hearing the defendant’s application under section 17 of the Act for an order staying the proceeding.\n\n4. A remote appearance medium is, or can reasonably be made, available for the hearing.\n\n5. The remote appearance can be made from \\[place in NZ\\].\n\n6. The \\[audio link/audiovisual link\\*\\] facilities are available at \\[courtroom or other place in NZ where remote appearance is to be made\\].\n\n7. I estimate that the remote appearance will take \\[amount of time for remote appearance\\].\n\nDate:\n\nSignature:\n\n(Defendant/Defendant’s counsel\\*)\n\n\\*Select one","sortOrder":27},{"sectionNumber":"Form 4—Notice to accompany subpoena","sectionType":"part","heading":"Form 4—Notice to accompany subpoena","content":"## Form 4—Notice to accompany subpoena\n\n(section 10)\n\nNOTICE TO WITNESS\n\nTHIS NOTICE IS VERY IMPORTANT\n\nPlease read this notice and the attached document(s) very carefully.\n\nIf you have any trouble understanding them you should get legal advice as soon as possible.\n\nAttached to this notice is a subpoena. \\[If the process served is not called a subpoena, substitute the name of the process for the word ‘subpoena’ throughout this notice.\\]\n\nThe subpoena has been issued by \\[court or tribunal that issued the subpoena\\].\n\nThe subpoena may be served in NZ under section 30 of the Trans‑Tasman Proceedings Act 2010 (Cth).\n\nThis notice:\n\n sets out your rights relating to the subpoena; and\n\n sets out your obligations relating to the subpoena; and\n\n includes information about how you may apply to have the subpoena set aside.\n\nYOUR RIGHTS\n\n1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.\n\n2. An amount of money, or money and vouchers, that is sufficient to meet your reasonable expenses of complying with the subpoena must be given to you within a reasonable time before the date for compliance with the subpoena (see below: ‘YOUR OBLIGATIONS’).\n\n3. If, in complying with the subpoena, you incur expenses that are more than the amount that was given to you before you complied, you may obtain an order from the \\[court or tribunal that issued the subpoena\\] that you be paid the additional amount you incurred.\n\n4. You may apply to the \\[court that gave leave for the subpoena to be served\\] to have the subpoena wholly or partly set aside. If you wish to apply to have the subpoena set aside you should get legal advice as soon as possible.\n\n5. An application can be made and determined by that court without you having to go to Australia, or to retain Australian solicitors. All necessary arrangements can be made in NZ.\n\nNote: Details of some of the grounds on which a subpoena can be set aside, and the procedures for setting aside a subpoena, are set out at the end of this notice.\n\nYOUR OBLIGATIONS\n\n1. Unless the subpoena is set aside, you must comply with the subpoena if:\n\n    (a) when the subpoena was served on you, or at some reasonable time before the date specified in the subpoena for compliance with it, you were offered or given either:\n    (i) enough money to meet your reasonable expenses in complying with it, including any travel and accommodation expenses; or\n    (ii) a combination of money and vouchers (for example, travel tickets) to meet those expenses; and\n    (b) you were given, with the subpoena, a copy of an order by a judge giving leave to serve the subpoena in NZ; and\n    (c) the subpoena was served on you before or on the date specified in the order as the last day on which the subpoena may be served; and\n    (d) service of the subpoena complied with any other conditions specified in the order; and\n    (e) when the subpoena was served on you, you were over the age of 18 years.\n\n2. If the subpoena only requires you to produce documents or things, it must specify the date on which the documents or things are required for production in the court or tribunal that issued the subpoena. You may comply with the subpoena by producing the documents or things at a registry of the High Court of New Zealand no later than 10 days before the date specified for production in the subpoena. When you produce the documents or things at the registry you will be required to produce the subpoena and to pay the cost of sending the documents or things to the court or tribunal that issued the subpoena. You will be able to pay that cost out of the money given to you to meet your reasonable expenses of complying with the subpoena.\n\nFAILURE TO COMPLY WITH THE SUBPOENA\n\nIf you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10,000 may be imposed.\n\nGROUNDS FOR SETTING ASIDE A SUBPOENA\n\n1. If you apply for the subpoena to be set aside, the court must set aside the subpoena if the subpoena requires you to attend at a place in Australia and:\n\n    (a) you do not have necessary travel documents and cannot reasonably get them within the time allowed for compliance with the subpoena; or\n    (b) compliance with the subpoena would make you liable to be detained for the purpose of serving a sentence; or\n    (c) you are being prosecuted or you are liable to prosecution for an offence in Australia; or\n    (d) you are liable to the imposition of a penalty in a civil proceeding in Australia (other than a proceeding under the Competition and Consumer Act 2010 (Cth)); or\n    (e) the court is satisfied that you are subject to a restriction on your movements imposed by law or an order of a court that is inconsistent with you complying with the subpoena (for example, bail conditions, release conditions, or terms of a community based sentence).\n\n2. The court may set aside the subpoena on other grounds, including:\n\n    (a) the evidence you would give in the proceeding can be obtained satisfactorily by other means without significantly greater expense; or\n    (b) compliance with the subpoena would cause you hardship or serious inconvenience; or\n    (c) if the subpoena requires you to produce a document or thing:\n    (i) that document or thing should not be taken out of NZ; and\n    (ii) satisfactory evidence of the contents of the document or satisfactory evidence of the thing can be given by other means.\n\nNote: The above list does not include all the matters the court will consider in an application to set aside a subpoena, but if any of the matters in the list apply to you they should be included in your application.\n\nPROCEDURE FOR APPLYING TO SET ASIDE A SUBPOENA\n\n1. Application must be made to the \\[court that gave leave for service of the subpoena in NZ\\].\n\n2. You may fax your application to that court on \\[fax number of court\\].\n\n3. Your application must contain an address for service in NZ or Australia. Any documents to be served on you will be delivered, faxed or posted to you at that address.\n\n4. The Registrar of the \\[court that gave leave for service of the subpoena in NZ\\] will arrange for service of your application and any affidavit you lodge with your application.\n\n5. The court may determine your application without a hearing unless you, or the person who requested that the subpoena be issued, asks for a hearing.\n\n6. If there is a hearing, the court can direct that it be held by audio link or audiovisual link. In that case, you or your lawyer can take part in the hearing by audio link or by audiovisual link from a place in NZ.\n\n7. If, in your application or within a reasonable time after lodging your application, you request that the hearing be held by audio link or audiovisual link, the court must hold the hearing by audio link or audiovisual link. However, in such a case, the court will determine which of audio link or audiovisual link will be used.","sortOrder":28},{"sectionNumber":"Form 5—Application to register a judgmen","sectionType":"part","heading":"Form 5—Application to register a judgment under the Trans‑Tasman Proceedings Act 2010","content":"## Form 5—Application to register a judgment under the Trans‑Tasman Proceedings Act 2010\n\n(subsection 17(1))\n\n\\[Heading\\]\n\nTo the Registrar of the \\[Australian commencement court or tribunal\\]\n\nThe applicant applies under the Trans‑Tasman Proceedings Act 2010 (Cth) to have the following judgment of the \\[NZ court or tribunal\\] registered in the Court.\n\nA copy of the judgment is attached.\n\nDetails of parties to original proceeding\n\nPlaintiff:1\n\nDefendant:\n\nLast known address of liable person:\n\nDetails of judgment2\n\nCourt or tribunal:\n\nJudge:\n\nDate of judgment:\n\nWhere made:\n\nThe judgment is, or is be to treated as, a registrable NZ judgment for the purposes of section 66 of the Trans‑Tasman Proceedings Act 2010 (Cth) for the following reasons: \\[specify\\].\n\nThe judgment is, in terms of section 75 of the Trans‑Tasman Proceedings Act 2010 (Cth), capable of being enforced in the original court or tribunal or in another NZ court or tribunal.\n\n1 If the parties to the original proceeding were called the ‘applicant’ and ‘respondent’ rather than the ‘plaintiff’ and ‘defendant’, substitute those descriptions.\n\n2 If not all provisions of the judgment are registrable, change to ‘Details of the registrable provisions’ and only provide details of the provisions for which registration is sought.\n\nIf the judgment is a money judgment\n\nAmount: \\[expressed in the currency in which judgment was given\\].\n\nThe applicant \\[wants/does not want\\*\\] the judgment registered in the foreign currency in which it was given.\n\nThe applicant wants the judgment to be registered in \\[the currency in which judgment is to be registered\\].\n\nBalance remaining payable: \\[expressed in the currency in which the judgment was given\\].\n\nThe rate of interest carried by the judgment by \\[NZ law under which it was given\\] is \\[rate\\]%. The amount of interest which, by that law, has become due up to the time of this application is \\[expressed in the currency in which the judgment was given\\].\n\nIf the judgment is for something other than the payment of money\n\nTerms of judgment:\n\nCosts\n\nCosts of registration of the judgment: \\[specify the amount and the currency\\].\n\nCosts of enforcing the judgment in the original court or tribunal: \\[calculated in accordance with section 77 of the Trans‑Tasman Proceedings Act 2010 (Cth)\\].\n\n\\[Attach all relevant documents showing costs incurred.\\]\n\nI confirm that the information provided in this form is correct.\n\nDate:\n\nSignature:\n\n\\[Applicant/Solicitor for Applicant/Counsel for Applicant\\*\\]\n\n\\*Select one","sortOrder":29},{"sectionNumber":"Form 6—Notice to liable person of regist","sectionType":"part","heading":"Form 6—Notice to liable person of registration of a NZ judgment under the Trans‑Tasman Proceedings Act 2010","content":"## Form 6—Notice to liable person of registration of a NZ judgment under the Trans‑Tasman Proceedings Act 2010\n\n(subsection 19(1))\n\nPlease read this notice very carefully.\n\nIf you have any trouble understanding the notice, you should get legal advice as soon as possible.\n\nAttached to this notice is a copy of the judgment given by \\[NZ court or tribunal\\]. This judgment has been registered in the \\[Australian commencement court or tribunal\\] under the Trans‑Tasman Proceedings Act 2010 (Cth).\n\nDetails of judgment\n\nThe particulars of the judgment that are entered in the records of the \\[Australian court in which judgment is registered\\] include the following:\n\nIf the judgment is one under which a sum of money is payable\n\n(a) amount payable under the judgment—$ \\[specify the amount and the currency\\];\n\n(b) interest payable under paragraph 67(a) of the Trans‑Tasman Proceedings Act 2010—$ \\[specify the amount and the currency\\].\n\nIf the judgment is not one under which a sum of money is payable\n\n\\[specify the terms of the judgment\\]\n\nCosts and expenses related to registration of the judgment\n\n\\[specify the amount and the currency\\]\n\nCosts and expenses related to attempted enforcement in original court or tribunal\n\n\\[specify the amount and the currency\\]\n\nConsequences of registration and this notice being served on you\n\nThe NZ judgment can be enforced in Australia as if it were a judgment given by the \\[Australian court in which judgment is registered\\].\n\nYour rights\n\nSetting aside registration\n\nIf the judgment should not have been registered in Australia under the Trans‑Tasman Proceedings Act 2010 (Cth), you may be able to have the registration set aside by applying to the \\[Australian court in which judgment is registered\\]. The Act sets out limited grounds on which registration of a judgment may be set aside.\n\nYou must make an application for the registration to be set aside within 30 working days after the day on which you were given this notice.\n\nIf you think the registration should be set aside you should get legal advice as soon as possible.\n\nStay of enforcement\n\nIf you intend to apply to the \\[NZ court or tribunal\\] to set aside, vary or appeal the judgment, you may apply for enforcement of the registered judgment in Australia not to be commenced or to be stayed (put on hold) for a period of time.\n\nYou must make an application for enforcement not to commence or to be stayed within 30 working days after the day on which you were given this notice.\n\nIf you think enforcement of the judgment should not commence, or should be stayed, you should get legal advice as soon as possible.\n\nFailure to comply with judgment\n\nIf you fail to comply with the judgment:\n\n further interest may accrue on any amount owing1; and\n\n you may be required to pay the costs of the entitled person enforcing the judgment.\n\n1 Delete if judgment is not a money judgment.","sortOrder":30}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation primarily clarifies and implements procedural aspects of the Trans‑Tasman Proceedings Act 2010: it prescribes forms, time limits, lists of courts/tribunals, filing and service methods, the conversion rate source, and which NZ statutory provisions fit particular Act definitions (sections 4–19). It does not itself create new substantive causes of action or expand the Act’s substantive reach; instead it specifies how the Act’s existing mechanisms are to operate in practice. The listing of particular NZ Acts and provisions (sections 15–16) is a specification of application rather than a standalone change to the Act’s substantive scope."},"complexity_factors":["Extensive cross‑references to the Trans‑Tasman Proceedings Act 2010 require users to read both instruments together (see section 3 and multiple provisions referring to specific Act sections).","Multiple prescribed lists of courts and tribunals across different procedural contexts (interim relief, subpoenas, remote appearances, assistance) increase administrative complexity (sections 8–14).","A mixture of procedural requirements (prescribed forms, service methods, time limits, and physical filing obligations) creates sequencing and compliance burdens (sections 4, 5, 17, 19).","Detailed procedural protections and conditions for subpoenas served in NZ, including advance payment of expenses and grounds and procedure for setting aside, add layered requirements on issuing parties and witnesses (Form 4).","Specific definitional lists (which NZ statutory provisions count as regulatory regime criminal fines or non‑registrable insolvency orders) require careful reading to determine registrability (sections 15–16).","Some procedural options (fax or email filing where courts accept it) combined with mandatory hard‑copy follow‑up introduce conditional workflows (section 17(2)(b))."],"plain_english_summary":"### What this regulation does, in plain terms\n\n- Mechanically, the Trans‑Tasman Proceedings Regulation 2012 prescribes the forms, time limits, courts and tribunals, and procedural details needed to operate the Trans‑Tasman Proceedings Act 2010. It does not itself create new substantive causes of action; it specifies how provisions of the Act are to be implemented in practice (see definitions and form provisions generally).\n\n- Key procedural prescriptions:\n  - Initiating documents served in New Zealand must include a prescribed notice (Form 1) explaining the effect of service and time limits for responding or applying for a stay (section 5; Form 1).\n  - Requests by a defendant or other party for a hearing on a stay application, or to appear remotely at that hearing, must use prescribed forms (Forms 2 and 3) and include specified information (sections 6–7; Forms 2–3).\n  - A list of Australian courts that may be asked to grant interim relief is specified (section 8).\n  - The Regulation prescribes which Australian state and territory courts and which Commonwealth tribunals Division 2 (subpoena) and other assistance provisions of the Act apply to, by listing them in schedules to the relevant sections (sections 9, 12–14, 13(2)).\n  - A prescribed notice must accompany a subpoena served in NZ (Form 4). That notice explains a witness’s entitlement to reasonable expenses, the requirement that money or vouchers be provided before compliance, ways to comply in NZ (e.g. producing documents at a NZ High Court registry), and grounds and procedure for applying to have a subpoena set aside (section 10; Form 4).\n  - Specific registries and courts are prescribed as places where documentary productions required by subpoena can be received (section 11).\n  - The Regulation prescribes how New Zealand judgments may be registered in Australian courts: the application form (Form 5), filing methods including fax or email where the court accepts it, and the requirement that a sealed/certified copy be filed physically within 15 working days if the application is faxed or emailed (section 17; Form 5).\n  - The conversion rate for currency when converting a New Zealand judgment to Australian currency is the Reserve Bank of Australia rate published for the conversion day (section 18).\n  - The notice given to a liable person when a NZ judgment is registered is prescribed (Form 6), and the ways to serve that notice are prescribed (registered post or hand delivery) (section 19; Form 6).\n\n- Definitions and scope clarifications included in the Regulation:\n  - It defines shorthand used in the Regulation (Act, Cth, NZ) and refers to the Act for certain terms (section 3).\n  - It specifies which NZ statutory provisions count as a “regulatory regime criminal fine” for the purposes of the Act by listing the NZ Acts and provisions included (section 15).\n  - It specifies certain NZ insolvency and cross‑border insolvency orders that are not registrable as NZ judgments under the Act (section 16).\n\nWho is affected and who pays\n\n- Parties to cross‑jurisdictional civil litigation between Australia and NZ: plaintiffs who commence proceedings, defendants served in NZ, liable persons whose NZ judgments may be registered in Australia, and witnesses served with subpoenas in NZ are directly affected (see Forms 1, 4, 5, 6; sections 5, 10, 17, 19).\n\n- Costs and payments explicitly allocated or referenced in the Regulation:\n  - Witnesses served with subpoenas in NZ are entitled to be given money or vouchers sufficient to meet their reasonable expenses before the date for compliance; they may later recover additional expenses by order if actual costs exceed the advance provided (Form 4). The witness may also be required to pay the cost of sending produced documents to the issuing court, out of the money provided for expenses (Form 4).\n  - Applicants seeking registration of a NZ judgment must specify costs of registration and costs of enforcing the judgment in the original NZ court (Form 5). The notice to the liable person (Form 6) must set out costs and expenses related to registration and attempted enforcement (Form 6).\n  - The Regulation requires a sealed, certified or otherwise authenticated copy of the NZ judgment to be physically filed in court within a specified timeframe if the application is filed by fax or email (section 17(2)(b)), which imposes an administrative compliance requirement on applicants.\n\nWhat decision‑makers have power under the Regulation\n\n- Australian courts and tribunals listed by the Regulation are the decision points for applications under the Act (for interim relief, stays, registration, subpoenas and related matters) (sections 8–14, 17–19).\n\n- Courts have the procedural power to set aside subpoenas served in NZ and to determine whether a subpoena’s terms and conditions for service were met (Form 4; see the grounds and procedure for setting aside). Courts also decide whether to hold hearings by audio link or audiovisual link and may determine applications without a hearing in specified cases (Form 4).\n\nMechanisms, incentives and trade‑offs (source‑grounded observations)\n\n- The Regulation standardises cross‑border procedure by prescribing specific forms, lists of courts/tribunals, and time limits (e.g. 30 working days to apply to set aside registration or to apply for a stay after notice—Forms 1 and 6; section 17(2)(b) 15 working days for filing certified copies). That standardisation reduces procedural uncertainty about format and service, but imposes compliance tasks (filling particular forms, meeting filing deadlines, serving notices by specified means).\n\n- The requirement that witnesses be advanced sufficient funds or vouchers for reasonable expenses before compliance creates an upfront cost for the party issuing the subpoena and reduces the financial barrier for witnesses to comply (Form 4). The party requesting the subpoena bears that cash‑flow cost and the administrative burden of providing an advance.\n\n- The Regulation identifies which NZ fines and NZ statutory orders are treated as regulatory criminal fines or as non‑registrable judgments (sections 15–16). By listing specific NZ Acts and provisions, the Regulation narrows or clarifies which NZ outcomes are registrable under the Act; that specification changes predictability for parties considering cross‑border enforcement of regulatory fines or insolvency orders (sections 15–16).\n\n- Currency conversion for registered NZ money judgments is mechanically tied to the RBA published exchange rate for the conversion day (section 18). This removes discretion from courts in selecting exchange rates but creates dependency on a single publicly published rate.\n\nCompliance burdens and implementation risks\n\n- Parties must use the prescribed forms and follow the timing and filing rules (sections 4, 5, 6, 7, 17). Failure to comply with the specific filing/serving requirements (for example, providing a certified copy within 15 working days where email/fax filing is used) can affect the registration process (section 17(2)(b)).\n\n- The lists of prescribed courts and tribunals are extensive and differ by context (interim relief, subpoenas, remote appearances, assistance to NZ courts). Users must consult the correct list for the relevant provision of the Act, which raises a modest administrative complexity (sections 8–14).\n\n- Operational reliance on the RBA exchange rate and on physical filing of certified judgments in many cases introduces logistical steps that must be managed (section 18; section 17(2)(b)).\n\nWhere the Regulation states a claimed purpose and how it is achieved\n\n- The Regulation’s stated mechanisms (prescribed forms, notices, court lists, expense rules, filing rules, and conversion method) implement the Act’s cross‑border service, subpoena, remote appearance, assistance, and judgment registration procedures. The text provides the means (forms, lists, time limits and procedural steps) by which the Act’s provisions are operationalised (see especially sections 4–7, 9–11, 12–14, 15–19 and Forms 1–6). The trade‑offs are procedural certainty and standardisation in exchange for added administrative steps and specified upfront costs (for example, advancing witness expenses and lodging certified documents)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operationalising the Trans-Tasman Proceedings Act 2010. It does not expand beyond procedural implementation, court prescription, and form specification. The lists of courts have been updated over time (e.g., inclusion of Administrative Review Tribunal replacing AAT), but this represents maintenance of scope rather than scope creep."},"complexity_factors":["Extensive lists of prescribed courts and tribunals across all Australian jurisdictions (over 50 separate entities named across sections 8, 9, 11, 13, and 14)","Multiple cross-references to the parent Act (Trans-Tasman Proceedings Act 2010) requiring simultaneous reading","Detailed procedural requirements for document service with specific timeframes (e.g., 30 working days, 15 working days)","Nested conditions in section 15 defining 'regulatory regime criminal fines' with multiple sub-lists and incorporation of NZ legislation by reference","Six prescribed forms with detailed instructions and variables requiring user selection (marked with asterisks)","Conditional logic in Form 4 regarding subpoena compliance requirements (five separate conditions must be met)"],"plain_english_summary":"This regulation sets out the practical rules for how Australian and New Zealand courts work together under the Trans-Tasman Proceedings Act 2010. It covers:\n\n**Serving court documents across the ditch**\n- When someone in New Zealand is sued in an Australian court, they must receive specific notices (Form 1) explaining their rights, including how to contest the claim or ask for the case to be moved to a New Zealand court.\n\n**Asking for a case to be stayed (paused or stopped)**\n- If you're sued in Australia but think New Zealand is the better place for the case, you can request a hearing (Form 2) and ask to appear by video link (Form 3).\n\n**Emergency court orders**\n- Lists which Australian lower courts (not just the big ones) can grant urgent temporary orders ('interim relief') to help New Zealand court cases.\n\n**Subpoenas (orders to give evidence or documents)**\n- Sets out which Australian courts and tribunals can issue subpoenas to be served in New Zealand, and which NZ registries can receive documents.\n- Requires a detailed notice (Form 4) explaining witness rights, expenses, and how to challenge the subpoena.\n\n**Video links for court appearances**\n- Lists which courts and tribunals allow people to appear remotely from New Zealand, both for giving evidence and for other hearings.\n\n**Recognising and enforcing NZ judgments in Australia**\n- Defines which New Zealand criminal fines for regulatory offences (like securities, food safety, or financial market violations) can be enforced in Australia.\n- Excludes certain insolvency (bankruptcy) judgments from automatic recognition.\n- Sets out the forms and procedures for registering NZ money judgments in Australia (Forms 5 and 6), including exchange rates and how to notify the person who owes money.\n\n**Why it matters**\nThis regulation makes the legal relationship between Australia and New Zealand actually work in practice. Without it, the main Act would be an empty shell—it specifies exactly which courts are involved, what forms to use, and the step-by-step processes for cross-border litigation."}},"importantCases":[],"_links":{"self":"/api/acts/trans-tasman-proceedings-regulation-2012","history":"/api/acts/trans-tasman-proceedings-regulation-2012/history","analysis":"/api/acts/trans-tasman-proceedings-regulation-2012/analysis","conflicts":"/api/acts/trans-tasman-proceedings-regulation-2012/conflicts","importantCases":"/api/acts/trans-tasman-proceedings-regulation-2012/important-cases","documents":"/api/acts/trans-tasman-proceedings-regulation-2012/documents"}}