A New Zealand money decree from a superior court notified under section 44A of the Code of Civil Procedure is executed in India as if it were an Indian decree. The creditor files an execution petition in the district court where the debtor lives or has assets, with a certified copy of the decree and a certificate from the New Zealand court of the amount unpaid. The debtor can object only on the section 13 grounds, such as fraud or lack of jurisdiction.
- Document route
- New Zealand notary public, then apostille from the Department of Internal Affairs
- Time difference
- New Zealand is 6h30 (NZ winter) to 7h30 (NZ summer) ahead of IST
- Law
- Sections 13, 14 and 44A, CPC 1908
- Direct execution
- Reciprocating territories only
Enforcing Foreign Judgments from New Zealand: how it works
We begin by checking that the judgment is from a court covered by the notification and is a money decree, not one for tax, fines or penalties. We obtain a sealed copy and a certificate of satisfaction from the New Zealand court, apostilled by the DIA. We also locate the debtor's assets in India, such as land, bank accounts and shares, because execution is directed at specific property. A power of attorney from the creditor, signed before a New Zealand notary, authorises us to act.
The execution petition is filed in the Indian district court where the debtor lives, works or holds property. The court issues notice, and the debtor can object on the grounds in section 13, such as fraud, breach of natural justice or a decision not on the merits. Once objections are dismissed, the court can attach and sell property, attach bank accounts or order arrest in civil prison in limited circumstances. Speed matters, because debtors often move assets once notice is served.
What clients in New Zealand should know
- Only money decrees of notified superior courts benefit from section 44A, so orders of tribunals and some lower courts may still need a fresh suit in India.
- A default judgment obtained without proper service on the debtor in India is vulnerable to a section 13 objection, so check service records before filing.
- Interest and costs awarded in New Zealand can be included in the execution, but conversion from NZ dollars into rupees should be handled carefully in the petition.
Step by step from New Zealand
Video consultation
A call at a time that suits New Zealand, after we have read your documents.
Documents signed in New Zealand
New Zealand notary public, then apostille from the Department of Internal Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in New Zealand where needed.
The full guide
This page covers what changes when you are in New Zealand. For the law, the documents and the step-by-step procedure, read our main page on Enforcing Foreign Judgments, or see all services for clients in New Zealand and the Disputes & Enforcement practice area.
Questions from clients in New Zealand
Do I need to file a new suit in India?
No, not for a money decree of a notified New Zealand superior court. It is enforced through an execution petition, which is faster than a new suit.
What if the debtor has no assets in India?
Execution depends on assets. We investigate first, and if none can be found, we advise whether pursuing the debtor is worthwhile.
Is there a time limit?
Execution is subject to limitation, so file as soon as possible after the decree becomes final. Delay can also let the debtor dissipate assets.