NEW ZEALAND Law and Practice Contributed by: Shane Campbell and Thomas Westaway, Campbell Westaway
New Zealand has signed but not yet ratified the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019, which would provide a multilateral mechanism for qualifying civil and commercial judgments between contracting states. 9.2 Enforcement of Arbitral Awards The Arbitration Act 1996 governs the recognition and enforcement of both domestic and foreign arbitral awards. A party seeking enforcement applies to the High Court. Where all parties agree, a domestic award may be entered as a judgment by written request to the court registry without a formal hearing, with the High Court having jurisdiction where the amount exceeds NZD350,000 and the District Court below that threshold. New Zealand gives effect to its New York Convention 1958 obligations. Article III requires contracting states to recognise and enforce awards made in other con- tracting states, subject only to the limited grounds for refusal in Article V. A respondent served with an enforcement application may file a cross-application seeking refusal of rec- ognition and enforcement, which stays the original application pending determination. 9.3 Length of Time Unopposed enforcement of an arbitral award by entry as a judgment is largely administrative and may be completed promptly. Uncontested registration of a foreign judgment under a treaty regime is similarly straightforward. Where enforcement is contested, a substantive High Court hearing will be required. Duration will depend on the complexity of the issues raised and the court’s list. Further delay may arise where a party appeals or where there are parallel proceedings at the seat of arbitration, such as an application to set aside the award. 9.4 Grounds for Resisting Enforcement The grounds for resisting enforcement of a foreign judgment or arbitral award are limited, reflecting a strong default toward recognition.
For foreign judgments registered under the Reciprocal Enforcement of Judgments Act 1934, registration may be set aside where the original court lacked jurisdic- tion, the judgment was obtained by fraud, enforce- ment would conflict with public policy, the judgment debtor lacked sufficient notice, or the rights under the judgment are not vested in the person seeking regis- tration. At common law, similar grounds apply, with the addition of a prior New Zealand judgment between the same parties on the same issues. The grounds for refusing recognition of an arbitral award under Article 36 of the Model Law are exhaus- tive and mirror Article V of the New York Convention: incapacity or invalidity of the arbitration agreement, failure to give proper notice, the award exceeding the scope of the submission, irregular tribunal constitu- tion, the award not yet binding or set aside at the seat, non-arbitrability, and conflict with public policy. New Zealand has taken a deliberately light-touch approach to AI governance in dispute resolution. The government’s first national AI Strategy, released in July 2025, expressly ruled out AI-specific legislation in favour of existing technology-neutral frameworks cov- ering privacy, consumer protection, and human rights. The principal regulatory instrument is the Guidelines for Use of Generative Artificial Intelligence in Courts and Tribunals, issued in December 2023 and appli- cable across all courts and tribunals. The guidelines address the limitations and risks of generative AI, including accuracy, confidentiality, privacy, and the imperative of human verification of outputs. Though not legally binding, they engage directly with lawyers’ existing professional obligations, including the duties to act competently and to ensure the accuracy of material submitted to the court. In March 2024 the New Zealand Law Society issued complementary guidance for lawyers, and launched an AI Research Project in 2025 to examine the evolving impact of AI on legal practice. 10. Dispute Resolution and AI 10.1 Regulation
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