66Meaning of registrable NZ judgment

66 Meaning of registrable NZ judgment

(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 judgment that: (i) is given in a criminal proceeding by a New Zealand court; and (ii) consists wholly of an imposition of a regulatory regime criminal fine; and (iii) meets the conditions (if any) of a kind prescribed by the regulations; or (e) the judgment is a final 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 an 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 judgment 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.