This is a single section from Chapter 10. Read the full chapter here.

Should the legislation provide for recognition or enforcement of overseas decisions in New Zealand?

Legislation should provide for decisions made by overseas courts or regulators to be recognised or enforced in New Zealand if that would support the policy objective.

In some cases, it may be necessary to recognise or enforce a decision of an overseas agency or court in New Zealand to ensure that the legislation achieves its purpose or that broader policy goals are met. Broader policy goals may include reducing compliance costs, reducing legal uncertainty, removing incentives for forum shopping and enhancing the integrity of a statutory regime by ensuring that it is effective across borders.

The common law already recognises some overseas decisions affecting a person’s status (such as marriage) and some decisions of overseas courts in civil cases. There are also generic statutory regimes for recognition and enforcement. The Trans-Tasman Proceedings Act 2010 provides for the recognition and enforcement in New Zealand of a broad range of Australian court decisions and some tribunal decisions. Other examples include the Reciprocal Enforcement of Judgments Act 1934 (for some decisions of foreign courts) and the MACMA (for a limited class of orders made in criminal proceedings).

New Zealand legislation cannot provide for the recognition or enforcement of New Zealand decisions overseas, but that could be provided for in a recognition regime based on a bilateral arrangement with another country (such as the Trans-Tasman Mutual Recognition Arrangement).

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