Plain language law

New Zealand law explained for everyone

Senior Courts Act 2016

Rules of court and miscellaneous provisions - Foreign creditors

172: Memorials of judgments obtained out of New Zealand may be registered

You could also call this:

"Registering overseas court decisions in New Zealand"

Illustration for Senior Courts Act 2016

You can register a judgment from another country in the New Zealand High Court. This is for judgments about paying money from a court in a Commonwealth country. You need to file a memorial with the court. You must sign the memorial or your lawyer must sign it. The memorial needs to have certain information like the names of the people involved. It also needs the date the judgment was made and the amount of money involved. If you want to enforce the judgment, you can ask the High Court to make a rule or issue a summons. The person against whom the judgment was made must be told to show why the judgment should not be enforced. If they do not show up or do not have a good reason, the court can make the rule absolute or order execution. The judgment can be enforced like a New Zealand High Court judgment. This is subject to section 13 of the Reciprocal Enforcement of Judgments Act 1934.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759542.

This page was last updated on — View changes

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > Consumer protection
Previous

171: Recusal guidelines, or

"Guidelines to help judges decide if they should step aside from a case"

Next

173: Access to court information, judicial information, or Ministry of Justice information, or

"Getting information from courts and the Ministry of Justice"

Part 6Rules of court and miscellaneous provisions
Foreign creditors

172Memorials of judgments obtained out of New Zealand may be registered

  1. This section applies to any judgment, decree, rule, or order (the judgment) obtained in any court of any Commonwealth country (the overseas court) for the payment of money.

  2. A person in whose favour the judgment was obtained may file in the High Court a memorial containing the specified particulars that is authenticated by the seal of that court. Once filed, the memorial becomes a record of the judgment and execution may issue upon it in accordance with this section.

  3. The memorial must be signed by a party in whose favour the judgment was obtained or by the party's lawyer, and must contain—

  4. the names and additions of the parties; and
    1. the form or nature of the action or other proceeding; and
      1. when commenced, the date of the signing or entering-up of the judgment, the passing of the decree, or the making of the rule or order; and
        1. the amount recovered, or the decree pronounced, or rule or order made; and
          1. if there was a trial, the date of the trial and amount of verdict given.

            1. A seal purporting to be the seal of an overseas court is deemed and taken to be the seal of the court until the contrary is proved, and the onus of proving that the seal is not the seal of the court lies on the party denying or objecting to the seal.

            2. A party in whose favour the judgment was obtained, or the party's lawyer, may apply to the High Court or any Judge of the court for the making of a rule or the issue of a summons calling on the person against whom the judgment was obtained to show cause, within the time after personal or other service of the rule or summons as the court or Judge directs, why execution should not issue upon the judgment.

            3. The rule or summons must give notice that, in default of appearance, execution may issue accordingly, and if the person served with the rule or summons does not appear, or does not show sufficient cause against such rule or summons, the court or Judge, on due proof of service under subsection (5), may make the rule absolute or make an order for issuing execution, subject to any terms and conditions (if any) that the court or Judge thinks fit.

            4. The judgment may be enforced in the same manner as a judgment of the High Court.

            5. This section is subject to section 13 of the Reciprocal Enforcement of Judgments Act 1934.

            Compare