4Definitions

#### 4 Definitions In this Act: > adjudicative function, in relation to a tribunal, means the function of determining the rights or liabilities of a person in a proceeding in which there are 2 or more parties (including determining that those rights or liabilities are altered). > appearance: see subsection 13(2). > appears remotely: a person appears remotely in a hearing related to a proceeding in a court or tribunal in the territory of a party to the Trans‑Tasman Agreement if the person participates in the hearing, from the territory of the other party to the Agreement, by remote appearance medium. > audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places. > audiovisual link means facilities that enable audio and visual communication between persons in different places. > Australian court means: (a) a federal court; or (b) a court of a State or Territory. > Australian law means a law of the Commonwealth, a State or a Territory. > Australian market proceeding: see subsection 81(2). > Australian market proceeding judgment means a judgment given in an Australian market proceeding. > civil pecuniary penalty means a pecuniary penalty imposed by a court or tribunal in a civil proceeding in relation to a contravention of legislation. > civil proceeding means a proceeding that is not a criminal proceeding. > criminal proceeding means: (a) a prosecution for an offence; or (b) a procedure, other than a prosecution, that, under an Australian law or a New Zealand law, may be used: (i) to determine liability for an offence; or (ii) to impose a penalty for an offence; or (c) a proceeding that is related to or associated with a prosecution for an offence or a procedure mentioned in paragraph (b); but does not include: (d) a proceeding for compensation, damages or reparation; or (e) a proceeding under proceeds of crime legislation. > defendant, in relation to a proceeding, means a person served or intended to be served with an initiating document for the proceeding. > document means any record of information, and includes: (a) anything on which there is writing; or (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or (d) a map, plan, drawing or photograph. > enforcement of a judgment means the enforcement or execution of the judgment. > entitled person, in relation to a judgment: (a) means a person: (i) in whose favour the judgment was given; or (ii) in whom rights under the judgment have (by assignment, succession, or otherwise) become vested; and (b) for an NZ judgment in a proceeding for compensation, damages or reparation relating to an offence against New Zealand law—includes the Crown in right of New Zealand acting on behalf of a person referred to in paragraph (a). > examination of a person giving evidence means the examination‑in‑chief, cross‑examination or re‑examination of the person. > excluded family proceeding means: (a) a proceeding in respect of an application made under the Convention on the Civil Aspects of International Child Abduction signed at The Hague on 25 October 1980; or (b) a proceeding relating to the status or property of a person who is not fully able to manage his or her own affairs. > Note: The text of the Convention referred to in paragraph (a) is set out in Australian Treaty Series 1987 No. 2 (\[1987\] ATS 2). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). > excluded matter means: (a) the dissolution of a marriage; or (b) the enforcement of: (i) an obligation under Australian law to maintain a spouse or a de facto partner (within the meaning of the Acts Interpretation Act 1901); or (ii) an obligation under New Zealand law to maintain a spouse, a civil union partner (within the meaning of the Civil Union Act 2004 of New Zealand) or a de facto partner (within the meaning of the Property (Relationships) Act 1976 of New Zealand); or (c) the enforcement of a child support obligation. > exclusive choice of court agreement: see subsection 20(3). > expenses, in relation to a subpoena, include the reasonable costs of: (a) necessary travel to and from, and accommodation at, the place where complying with the subpoena is required; or (b) finding, collating and producing a document or thing; for the purposes of complying with the subpoena. > Federal Court means the Federal Court of Australia. > given, in relation to a judgment, includes entered, made or granted. > inferior Australian court means an Australian court that is not: (a) the High Court of Australia; or (b) a superior Australian court. > initiating document means a document: (a) by which a civil proceeding is commenced in an Australian court or tribunal; or (b) by reference to which a person becomes a party to a civil proceeding in an Australian court or tribunal. > issuing Australian court or tribunal, in relation to a document, means the Australian court or tribunal that issued the document. > judgment of a court or tribunal means a judgment, award, decree or order of the court or tribunal, whether or not it: (a) is given in a primary proceeding or an interlocutory proceeding; or (b) is a money judgment or a non‑money judgment. > liable person, in relation to a judgment, means a person against whom the judgment: (a) was given; or (b) is enforceable under a New Zealand law. > money judgment means a judgment under which a sum of money is payable. > non‑money judgment means a judgment that is not a money judgment (including a judgment that does not involve the payment of money but requires a person do, or refrain from doing, other things). > NZ Act means the Trans‑Tasman Proceedings Act 2010 of New Zealand. > NZ Evidence Act means the Evidence Act 2006 of New Zealand. > NZ judgment means a judgment given by a New Zealand court or tribunal. > NZ market proceeding: see subsection 85(2). > NZ market proceeding judgment means a judgment given in an NZ market proceeding. > original court or tribunal, in relation to a judgment, means the court or tribunal that gave the judgment. > party, in relation to a proceeding, means a plaintiff or defendant. > person named, in relation to a subpoena, means the person to whom the subpoena is addressed. > place of issue, in relation to an initiating document or subpoena issued by an Australian court or tribunal, means the State or Territory in which the court or tribunal issued the document. > plaintiff, in relation to a proceeding, means the person by whom or on whose behalf the proceeding is brought. > procedural rules, in relation to a court or tribunal, means rules, or any other laws (other than this Act or any regulations made under it) that: (a) define or govern the exercise of the jurisdiction of the court or tribunal; or (b) regulate the practice and procedure of the court or tribunal. > proceeding in a court or tribunal includes: (a) an interlocutory proceeding in the court or tribunal; and (b) a proceeding that relates to an application made to the court or tribunal (including an application for interim relief under Part 4). > proceeds of crime legislation means: (a) the Proceeds of Crime Act 1987; or (b) the Proceeds of Crime Act 2002; or (c) a law of a State or Territory that is a corresponding law (within the meaning of the Proceeds of Crime Act 2002); or (d) the Criminal Proceeds (Recovery) Act 2009 of New Zealand; or (e) the Proceeds of Crime Act 1991 of New Zealand; or (f) sections 142A to 142Q of the Sentencing Act 2002 of New Zealand; or (g) any other law of Australia or New Zealand that is prescribed by the regulations. > qualified NZ lawyer means a lawyer within the meaning of section 6 of the Lawyers and Conveyancers Act 2006 of New Zealand. > registered NZ judgment means an NZ judgment to the extent that it is registered in an Australian court under section 68. > regulatory regime criminal fine means a fine for a criminal offence under a provision of New Zealand legislation, being a provision of a kind prescribed by the regulations. > remote appearance: see appears remotely. > remote appearance medium means: (a) audio link; or (b) audiovisual link. > submissions, in relation to evidence, means: (a) submissions on whether and, if so, in what way the evidence may or must be given; and (b) submissions on whether the evidence is admitted or admissible; and (c) other submissions in relation to the evidence. > subpoena means: (a) a subpoena to give evidence; or (b) a subpoena for production; or (c) a subpoena that is both a subpoena to give evidence and a subpoena for production; but does not include a process that requires a person to produce a document in connection with discovery and inspection of documents. > subpoena for production means a process that requires the person named to attend as directed by the order and produce a document or thing for the purpose of evidence. > subpoena to give evidence means a process that requires the person named to attend as directed by the order for the purpose of giving evidence. > superior Australian court means: (a) the Federal Court; or (b) the Federal Circuit and Family Court of Australia (Division 1); or (c) the Supreme Court of: (i) a State; or (ii) the Australian Capital Territory; or (iii) the Northern Territory; or (iv) Norfolk Island. > Trans‑Tasman Agreement means the Agreement between the Government of Australia and the Government of New Zealand on Trans‑Tasman Court Proceedings and Regulatory Enforcement done at Christchurch on 24 July 2008. > Note: The text of the Agreement is set out in Australian Treaty Series \[2008\] ATNIF 12. In 2009, the text of an Agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). > working day, of an Australian court or tribunal in relation to a proceeding in the court or tribunal, means a day on which documents may be filed in the registry of the court or tribunal for the proceeding.