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Financial Markets Conduct Act 2013

Regulations, transitional provisions, and miscellaneous provisions - Enforcement of overseas pecuniary penalties under application regime

590: Stay may be granted

You could also call this:

"You can ask the court to stop or delay a judgment against you for a little while."

Illustration for Financial Markets Conduct Act 2013

If you are a person against whom a registered judgment has been made, you can ask the High Court to stop or delay proceedings to enforce the judgment. The High Court can order that proceedings not start until a certain time or be delayed for a certain period. You will need to make an application for relief, such as asking to set aside, vary, or appeal against the judgment, within a certain time and prosecute it quickly. The High Court can also set other conditions, such as giving security, if it thinks they are necessary, and you can find more information about similar laws by looking at the s 86 legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4091876.

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Part 9Regulations, transitional provisions, and miscellaneous provisions
Enforcement of overseas pecuniary penalties under application regime

590Stay may be granted

  1. The High Court may, on application by a person against whom the registered judgment has been given, order that proceedings in the High Court to enforce the judgment—

  2. not be commenced until a specified time; or
    1. be stayed for a specified period.

      1. The order—

      2. must be made subject to conditions that,—
        1. within the period specified in the order, the person make and prosecute an appropriate application for relief in respect of the registered judgment; and
          1. the application be prosecuted in an expeditious manner; and
          2. may be made subject to other conditions, including as to the giving of security, that the High Court thinks fit.

            1. For the purposes of subsection (2)(a)(i), an appropriate application for relief is an application to set aside, vary, or appeal against the registered judgment that is made to a court or tribunal that has jurisdiction under the law in force in the place of rendition to grant the application.

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