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Maritime Transport Act 1994

Civil liability for pollution of marine environment - Miscellaneous

369: Reciprocal enforcement of judgments

You could also call this:

"Enforcing overseas court decisions in New Zealand"

If you get a judgment from a court in another country, you can enforce it in New Zealand. This is because New Zealand has agreements with other countries to enforce each other's judgments. You can enforce a judgment from a country that has agreed to the CLC Convention, except for Australia. You can enforce a claim if someone is liable under a provision similar to section 345 of the Maritime Transport Act 1994. If you get a judgment from an Australian court, you can enforce it in New Zealand under the Trans-Tasman Proceedings Act 2010, as long as the judgment is about liability under a provision similar to section 345 of the Maritime Transport Act 1994.

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Part 25Civil liability for pollution of marine environment
Miscellaneous

369Reciprocal enforcement of judgments

  1. Part 1 (except for section 6(3) and (4)) of the Reciprocal Enforcement of Judgments Act 1934 applies to a judgment given by a court in a country (other than Australia) in respect of which the CLC Convention is in force and to enforce a claim in respect of liability incurred under any provision corresponding to section 345 of this Act.

  2. A judgment given by a court in Australia to enforce a claim in respect of liability incurred under Part II of the Protection of the Sea (Civil Liability) Act 1981 (Aust) (or any later Australian enactments corresponding to section 345 of this Act) must be treated as a registrable Australian judgment for the purposes of subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010.

Notes
  • Section 369: replaced, on , by section 10(1) of the Trans-Tasman Proceedings Act 2010 (2010 No 108).