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Private International Law (Choice of Law in Tort) Bill (Consistent) [2016] NZBORARp 44 (12 October 2016)

Last Updated: 11 January 2019

12 October 2016

_{Hon Christopher Finlayson QC, Attorney-General}

LEGAL ADVICE

LPA 01 01 21

Consistency with the New Zealand Bill of Rights Act 1990: Private International Law

(Choice of Law in Tort) Bill

1. We have considered whether the Private International Law (Choice of Law in Tort) Bill (‘the Bill’), a members’ Bill in the name of David Bennett MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).

2. This Bill clarifies which jurisdiction’s law is applicable in actions of tort and provides guidance to the courts on matters of characterisation. The Bill also abolishes several common law rules relating to the applicable law for tort claims in private international law.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel