NEW ZEALAND Law and Practice Contributed by: Fionnghuala Cuncannon and Kate Muirhead, Cuncannon
respondent, to prevent the respondent from removing any assets in or outside of New Zealand, or from dis- posing, dealing with or diminishing the value of those assets. As with other without notice procedures, an applicant must fully and frankly disclose all material facts to the court, including any possible defences. The applicant must give a signed undertaking that the applicant will comply with any order for the payment of damages to compensate the respondent for any damage arising as a result of the freezing order. 6.6 Third Parties and Injunctive Relief New Zealand courts may grant injunctive relief that affects non-parties, but only in exceptional circum- stances, including: • anti-suit injunctions (to restrain the commencement or continuation of proceedings before a foreign court); • anti-enforcement injunctions (restraining a party from enforcing a judgment obtained in a foreign jurisdiction); and • asset preservation and proprietary orders. In November 2025, the Supreme Court reinstated worldwide anti-suit and anti-enforcement injunc- tions granted by the High Court (and discharged by the Court of Appeal) in relation to a default judgment obtained in Kentucky ( Kea Investments Ltd v Wikeley [2025] NZSC 156). 6.7 Consequences of a Respondent’s Non- Compliance Failure to comply with an injunction, or an undertaking given in lieu of an injunction, is a contempt of court. A finding of contempt may be enforced not only against a party, but also against a non-party or other person bound by the order or undertaking. The court must only enforce a finding of contempt of court if it is satis- fied beyond reasonable doubt that: • the order has been made in clear, unambiguous terms; • the respondent had proper notice of those terms; and • the respondent knowingly failed to comply with the order without reasonable excuse.
If so satisfied, the court may impose a fine or a sequestration order, order the arrest and imprison- ment of a person, and/or order a person to complete community work. 7. Trials and Hearings 7.1 Trial Proceedings In ordinary civil proceedings, a trial process is cur- rently as follows. • The plaintiff files written opening submissions shortly before trial. • The plaintiff delivers an opening argument. • The plaintiff calls their fact and/or expert witness- es, who: (a) read their written evidence into the record and/ or give their evidence in chief orally; (b) may be cross-examined by the defendant; and (c) may be re-examined by the plaintiff only on matters arising from cross-examination. • The defendant files a short written opening and delivers an opening argument. • The defendant calls their fact and/or expert wit- nesses (following the same process as for the plaintiff’s witnesses). • The defendant and then the plaintiff deliver closing submissions. The same process will apply under the New Rules, except in ordinary proceedings the default process will be streamlined in the following ways: • the plaintiff and the defendant must file opening submissions before the trial; • evidence in chief may be in the form of a witness statement; • a party may raise with the judge whether or to what extent they need to cross-examine any witness; and • each party may only call one expert witness on a particular topic (with experts being required to conference before trial). 7.2 Case Management Hearings Most defended proceedings are subject to case man- agement. Where a proceeding is subject to case man-
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