The Supreme Court of New Zealand recently released its decision in Brown v New Zealand Basing Ltd [2017] NZSC 139, determining whether age discrimination provisions in New Zealand employment legislation applied to Cathay Pacific pilots based in Auckland. The employment contract, expressed to be governed by the law of Hong Kong, provided for a mandatory retirement age of 55. Pursuant to the Employment Relations Ac 2000 (NZ), however, the pilots could not be required to retire until they had reached the age of 65. The pilots brought a personal grievance claim against their employer, a Hong Kong based subsidiary of Cathay Pacific, in reliance on the Act.
by Jack Wass (Stout Street Chambers) On 30 November 2017, the New Zealand Parliament passed the Private International Law (Choice of Law in Tort) Act 2017 (the Act). The Act fundamentally reforms New Zealand’s rules for choice of law in tort. New Zealand’s choice of law rules were inherited from the United Kingdom, and it […]
by Oliver Allum In November 2017, the New Zealand Law Commission released an Issues Paper on the division of relationship property. The Issues Paper asks whether the current rules in the Property (Relationships) Act 1976 (PRA) achieve a just division of relationship property. While the review covers a broad spectrum of PRA issues, the Issues […]
by Elsabe Schoeman (University of Pretoria) I would like to congratulate Maria Hook on this wonderful achievement of establishing a new website for New Zealand conflict of laws/private international law. In the absence of a complete, up to date text on this area of New Zealand law, the website and the accompanying blog will go […]
Welcome to our blog The Conflict of Laws in New Zealand: News and Comments, featuring conflicts-related updates, notes, opinion pieces and research. Our aim is to make it easier for readers to stay on top of recent developments, and to stimulate discussion about the field. You may wish to subscribe to the blog by email (see the […]
