Maritime Transport Act 1994

Civil liability for pollution of marine environment - Miscellaneous

369: Reciprocal enforcement of judgments

You could also call this:

"Enforcing court decisions from other countries in New Zealand"

Illustration for Maritime Transport Act 1994

You can enforce a judgment from a court in another country if the CLC Convention is in force in that country. This applies to judgments about liability under a provision like section 345 of the Maritime Transport Act 1994. You can enforce these judgments using Part 1 of the Reciprocal Enforcement of Judgments Act 1934, except for sections 6(3) and 6(4). You can also enforce a judgment from an Australian court about liability under a provision like section 345 of the Maritime Transport Act 1994. This judgment must be treated as a registrable Australian judgment under subpart 5 of Part 2 of the Trans-Tasman Proceedings Act 2010. This helps you enforce claims in respect of liability incurred under certain provisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338170.

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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).