Commonwealth Numbered Acts Commonwealth Numbered Acts
Trans-Tasman Proceedings Act 2010
1 Section 4 (paragraph (d) of the definition of criminal proceeding )
After "compensation", insert ", damages or reparation".
2 Section 4 (paragraph (b) of the definition of entitled person )
After "compensation", insert ", damages or reparation".
3 Section 4 (subparagraph (b)(ii) of the definition of excluded matter )
Omit " Interpretation Act 1999 ", substitute " Property (Relationships) Act 1976 ".
4 Subsection 8(3)
Omit "the NZ Act to be an Australian court for the purposes of subpart 5 of Part 2 of that Act", substitute "section 55 of the NZ Act to be a tribunal to which subpart 5 of Part 2 of that Act applies".
5 Subsection 20(2)
Omit "However, subsection (1)", substitute "Paragraph (1)(a)".
6 After subsection 20(2)
Insert:
(2A) Paragraph (1)(b) does not apply to an exclusive choice of court agreement if the Australian court is satisfied that it is null and void under Australian law (including the rules of private international law).
7 Subsection 26(2)
Repeal the subsection.
8 Subsection 56(2)
Omit "in allowing a person in Australia to appear remotely", substitute "in relation to a remote appearance by a person in Australia".
9 Before subparagraph 61(1)(b)(i)
Insert:
(ia) a party to the proceeding; or
10 After subparagraph 61(2)(b)(ii)
Insert:
(iia) a party to the proceeding; or
11 Subsection 66(4)
Omit all the words after "subparagraph (1)(b)(i)", substitute:
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.
Trans-Tasman Proceedings (Transitional and Consequential Provisions) Act 2010
12 Item 2 of Schedule 1
Omit all the words after "forum)", substitute:
applies to an application made under that Part on or after commencement by a defendant to a civil proceeding that:
(a) was commenced in an Australian court on or after commencement; or
(b) was commenced in an Australian court before commencement, but only if an initiating document for the proceeding was served on the defendant in New Zealand after commencement under Part 2 of that Act.