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X v Attorney-General - [2017] 3 NZLR 115

$30.00

High Court Wellington
CIV-2015-485-467; [2017] NZHC 768
6, 7 December 2016; 24 April 2017
Simon France J
Conflict of laws — Jurisdiction — United Kingdom as defendant — Protest to jurisdiction — State immunity — Allegations of sexual misconduct against United Kingdom Navy — Whether human rights exception to state immunity available — Whether MoD(UK) protest to jurisdiction could be upheld — Whether alleged suffering could have engaged a human rights exception — Whether United Kingdom state immunity had been waived by filing procedural notice.
Conflict of laws — Forum — Whether possible or desirable for claims against New Zealand Attorney-General to be held in United Kingdom — Claim against New Zealand Navy based on events on United Kingdom ships — Whether New Zealand proper forum for proceedings against Attorney-General — Whether Attorney-General’s protest to jurisdiction could be upheld — High Court Rules 2016, rr 6.27, 6.28 and 6.29.

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