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Although we have tried to use plain English content on the site, you may come across specialist terms and acronyms. Find out what they mean in our glossary of terms.
If you come across a term that isn't included in the Glossary please send us an email.
The Convention is primarily concerned with exclusive choice of court agreements in civil and commercial matters. It supports those agreements by requiring the chosen court to exercise jurisdiction and hear the case, and for courts in other countries to decline to do so. The Convention has the potential to significantly reduce risk and uncertainty associated with cross-border contracting and cross-border dispute resolutions.
Lead agency:
Ministry of Justice
Status:
Multilateral. Not yet in force. New Zealand is considering acceding to the Convention.
Website:
Hague Conference on Private International Law more [external link]
Legislation required:
Yes.
Contact:
Julie Nind
Principal Advisor
Ministry of Justice
julie.nind@justice.govt.nz
Ph (04) 494 9741 Fax (04) 494 9854
The Convention deals with the taking of evidence overseas for the purposes of judicial proceedings in civil and commercial cases.
Lead agency:
Ministry of Justice
Status:
Multilateral. The Convention was concluded in 1971.
New Zealand is considering acceding to the Convention.
Website:
Hague Conference on Private International Law more [external link]
Legislation required:
No, the Evidence Act 2006 allows New Zealand to accede to the Convention.
Contact:
Julie Nind
Principal Advisor
Ministry of Justice
julie.nind@justice.govt.nz
Ph (04) 494 9741 Fax (04) 494 9854
This Convention is intended to provide for international judicial and administrative cooperation in the recovery of child support and other forms of family maintenance.
Lead agency:
Inland Revenue Department
Status:
Multilateral. Negotiations began in the Hague Conference on 5 May 2003. Further negotiation took place in June 2004, April 2005 and June 2006. Negotiations were completed in May 2007, and the Diplomatic Session was held from 5 November 2007 to 23 November 2007. New Zealand is considering becoming party to the Convention.
Website:
Hague Conference on Private International Law more [external link]
Legislation required:
Legislation will be required to adopt the Convention should New Zealand decide to become party to the Convention.
Contact:
Graeme Morrison
Senior Policy Analyst
Inland Revenue Department
graeme.morrison@ird.govt.nz
Ph (04) 890 6408 Fax (04) 978 1623
The Convention relates to the protection of children in cross-border disputes. In particular the Convention clarifies that primary jurisdiction rests with the child’s country of habitual residence; provides for the recognition and enforcement of measures taken in one contracting state to be recognised and enforced in all other contracting states; and provides the basic framework for the exchange of information and collaboration between administrative authorities in the different contracting states.
Lead agency:
Ministry of Justice
Status:
Multilateral. The Ministry of Justice in conjunction with the Ministry of Social Development is currently undertaking preliminary work to consider accession and are in the process of preparing a compatibility assessment.
Website:
Hague Conference on Private International Law more [external link]
Particular interest to Maori and other groups:
The Ministry of Justice has not yet ascertained the impact of the Convention so is unable to advise, at this stage, how it might impact on Maori interests. This will be investigated once the Ministry has a comprehensive understanding of the Convention’s impact.
As noted above, the Ministry of Justice has yet to complete assessment on the impact of the Convention. Once this is complete the Ministry will be able to ascertain the stakeholders.
Legislation required:
Changes to existing laws for recognition, enforcement and co-operation with respect to overseas court orders and administrative decisions that fall within the scope of the Convention are likely to be required if New Zealand becomes a party.
Contact:
Sandra Porteous
Senior Advisor
Public Law,
Family Law Team
Ministry of Justice
sandra.porteous@justice.govt.nz
Ph (04) 494 9929 Fax (04) 494 9854
The Agreement covers legal co-operation in:
(i) civil proceedings with a Trans-Tasman element, and
(ii) the enforcement of civil penalties and certain regulatory criminal fines across the Tasman.
The objective of the Agreement is to resolve Trans-Tasman civil disputes more effectively and efficiently to remove trade barriers and contribute to the success of Closer Economic Relations and Single Economic Market initiatives.
The significance of this Agreement for New Zealand is the creation of a coherent legal framework for resolving Trans-Tasman civil disputes. Benefits include:
(i) simpler and cheaper dispute resolution and more effective remedies in these disputes;
(ii) reducing incentives for people to move themselves and their assets to the other country to put them beyond reach of a regulatory regime; and
(iii) avoiding enforcement gaps in Trans-Tasman initiatives, e.g. mutual recognition of security offerings.
Lead agency:
Ministry of Justice
Status:
Bilateral. The New Zealand and Australian Governments signed the Agreement on 24 July 2008. Parliamentary treaty examination for the Agreement was completed on 4 September 2008. New Zealand is currently working with Australia on the mirror implementing legislation necessary to bring the Agreement into force.
Particular interest Maori and other groups:
New Zealand Law Society, New Zealand Judiciary, Legal Profession and New Zealand businesses with interests in Australia.
Legislation required:
Yes. The expected timeframe for introduction of a bill is the second half of 2009.
Contact:
Julie Nind
Principal Adviser
Ministry of Justice
julie.nind@justice.govt.nz
Ph (04) 494 9741 Fax (04) 494 9854
