Court of Appeal Wellington
CA264/2017; [2018] NZCA 307
13, 14 March; 13 August 2018
Cooper, Brown and Williams JJ
CA264/2017; [2018] NZCA 307
13, 14 March; 13 August 2018
Cooper, Brown and Williams JJ
Conflict of laws — State immunity — Jurisdiction — Forum conveniens — Allegations of misconduct against United Kingdom Royal Navy — Whether human rights exception to state immunity available — Whether New Zealand had obligation to appellant under international law or international treaties — Whether Ministry of Defence (United Kingdom) protest to jurisdiction should be dismissed — Whether iniquity exception to state immunity engaged — Reasons Courts of England and Wales appropriate forum — New Zealand Bill of Rights Act 1990, s 3.