This is a single section from Chapter 9. Read the full chapter here.

Are special procedural rules required for civil proceedings?

Legislation that creates new civil proceedings should state the procedures for commencing proceedings and enforcing judgments against overseas defendants, if relevant.

 

The High Court Rules, and the District Court Rules contain default rules regarding the commencement of proceedings against overseas parties. There must be good reasons for departing from these procedures. Where a tribunal or other body is created, legislation should expressly provide for an analogous procedure.

The Trans-Tasman Proceedings Act 2010 sets out a framework to facilitate the resolution of civil disputes and the enforcement of civil judgments where there is a trans-Tasman element. Further guidance on trans-Tasman proceedings can be found on the Ministry of Justice website.

This page was last modified on the