This Act may be cited as the Reciprocal Enforcement of Judgments Act 1934.
Reciprocal Enforcement of Judgments Act 1934
| Jurisdiction | New Zealand |
| Reference | 1934 No 11 |
| Citation | 1934 No 11 |
| Record Number | DLM216422 |
| Act Number | 11 |
| Type of Document | Act |
An Act to make better provision for the enforcement in New Zealand of judgments given in the United Kingdom or in other countries (whether within the Sovereign's dominions or not) which afford reciprocal treatment to judgments given in New Zealand, for facilitating the enforcement in other countries of judgments given in New Zealand, and for other purposes in connection with the matters aforesaid
In this Act, unless the context otherwise requires,—
appeal includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution
country of the original court means the country in which the original court is situated
High Court means the High Court of New Zealand
judgment means a final or interlocutory judgment or order given or made by a court in any civil proceedings, or a judgment or order given or made by a court in any criminal proceedings for the payment of a sum of money in respect of compensation or damages to an injured party; and includes an award in proceedings on an arbitration (not being an award made outside New Zealand within the meaning of the Arbitration Act 1996) if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place
judgment creditor means the person in whose favour the judgment was given (whether or not a sum of money is payable under the judgment), and includes any person in whom the rights under the judgment have become vested by succession or assignment or otherwise
judgment debtor means the person against whom the judgment was given (whether or not a sum of money is payable under the judgment), and includes any person against whom the judgment is enforceable under the law of the original court
judgments given in the senior courts of New Zealand means judgments given in the High Court and includes judgments given in any court on appeals against any judgments so given; and also includes judgments that have become enforceable as judgments of the High Court though not given therein
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
original court in relation to any judgment means the court by which the judgment was given
prescribed means prescribed by rules of court
registration means registration under Part 1, and the expressions register and registered shall be construed accordingly.
For the purposes of this Act the expression action in personam shall not be deemed to include any matrimonial cause or any proceedings in connection with any of the following matters—that is to say, matrimonial matters, administration of the estates of deceased persons, bankruptcy, winding-up of companies, lunacy, or guardianship of infants.
In this Act, references to the Sovereign's dominions outside the United Kingdom shall be construed as including references to any territories which are under the Sovereign's protection and to any territories in respect of which a mandate under the League of Nations has been accepted by the Sovereign.
Foreign Judgments (Reciprocal Enforcement) Act 1933 s 11 (UK)
This Part shall extend to the United Kingdom.
Nothing in this Part applies or extends to a judgment that is given in or by a senior court or an inferior court of Australia.
Subsection (1A) does not, however, prevent a judgment given in or by a senior court or an inferior court of Australia from being a registrable Australian judgment under subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010.
Subsection (1A), and the amendments to, and revocations of orders under, this Part effected by Schedule 2 of the Trans-Tasman Proceedings Act 2010, do not, however, affect the application of this Part to a judgment given in or by a senior court or an inferior court of Australia before the commencement of subpart 5 of Part 2 of that Act.
If the Governor-General is satisfied that, in the event of the benefits conferred by this Part being extended to money judgments given in the senior courts of any part of the Sovereign's dominions outside the United Kingdom, or given in the senior courts of any foreign country, substantial reciprocity of treatment will be assured as respects the enforcement within that part of the Sovereign's dominions or in that foreign country, as the case may be, of money judgments given in the senior courts of New Zealand, he may by Order in Council direct—
- that this Part shall extend to that part of the Sovereign's dominions or to that foreign country; and
- that such courts as are specified in the Order in Council shall, for the purposes of this Part, be deemed senior courts of that part of the Sovereign's dominions or of that foreign country.
The fact that a particular court is not specified in an Order in Council is not taken to imply that the court is not a senior court for the purposes of this Act.
Any money judgment of a...
To continue reading
Request your trial