The course studies the rules and principles New Zealand courts apply in private law cases with international elements. It deals with three main questions:
1. Jurisdiction: when will a New Zealand court hear a case with international elements? What happens when there are proceedings about the same matter in New Zealand and in another country? What foreign matters will a New Zealand court not deal with?
2. Choice of law: when a New Zealand court hears a cross-border case, when will it apply foreign law and how is foreign law proved? How is the foreign law selected?
3. Foreign judgments: which foreign judgments will a New Zealand court recognise and enforce?
The subject straddles substantive law and procedure. Most areas of private law are covered: contract, tort, employment law, property and trusts, wills and succession, intellectual property, family law, and insolvency.
You will develop the skills to analyse cases with foreign elements, to identify and characterise issues and to apply conflict of law principles and rules in practical situations.