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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 11:35)
32.3 Commencement of civil proceeding for order under Trans-Tasman Proceedings Act
(cf Federal Court Rules 2011, rules 34.63 and 34.65)
(1) Except as otherwise provided by this Part, a civil proceeding for an order under the Trans-Tasman Proceedings Act must be commenced by filing a summons.(2) The summons must be supported by an affidavit that states the material facts on which the plaintiff relies that are necessary to give the defendant fair notice of the case to be made against the defendant at the hearing of the proceeding.(3) Without limiting subrule (2), an affidavit in support of a summons seeking an order for interim relief under section 25 of the Trans-Tasman Proceedings Act must state the following—(a) if the plaintiff has commenced a civil proceeding in a New Zealand court—(i) that the person has commenced the proceeding in a New Zealand court, and(ii) the relief sought in the New Zealand proceeding, and(iii) the steps taken in the New Zealand proceeding,(b) if the plaintiff intends to commence a civil proceeding in a New Zealand court—(i) when the intended proceeding will be commenced, and(ii) the court in which the intended proceeding is to be commenced, and(iii) the relief to be sought in the intended proceeding,(c) the interim relief sought,(d) why the interim relief should be given.(4) A copy of the originating process filed (or proposed to be filed) in the New Zealand court concerned should, if available, be annexed to an affidavit referred to in subrule (3).