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Articles for the category "Recognition and Enforcement"

"New Zealand Conflict of Laws – A Bird’s Eye View"

FM Auburn and PRH Webb, 1977

The aim of this contribution is to provide an outline of New Zealand conflict of laws with specific reference to distinguishing features. The main focus is on statutory jurisdiction in the areas of family law and succession, as well as jurisdiction in regard to immovable property and insolvency.

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Conflict of Laws: Jurisdiction and Foreign Judgments

David Goddard, 2009

This chapter in The Laws of NZ covers personal jurisdiction, limits on jurisdiction, anti-suit injunctions, enforcement and recognition of foreign judgments, and the concepts of domicile and residence.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission's Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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"Conflict of Laws and Legal Aid"

PRH Webb, 1974

This is a brief comment on Connor v Connor [1974] 1 NZLR 632, focusing on the rule that a court will not enforce foreign revenue or other public laws. The author endorses the decision of the Court that a foreign legal aid scheme does not fall under the category of foreign revenue laws.

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"More Foreign Divorces"

PRH Webb, 1969

The article deals with two English cases in which recognition of a foreign divorce decree was sought by the husband who was not or was no longer domiciled in the foreign country at the time of the decree. In both cases the wife had a strong connection with the foreign country (residence, domicile and/or nationality). The author considers the outcome of the application of the New Zealand Matrimonial Causes Act 1963 to these fact scenarios.

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"Recognition of Overseas Nullity Decrees and the Matrimonial Proceedings Act 1963, s 42"

PRH Webb, 1975

In a brief note, the author points to a possible conflict between two subsections of the Matrimonial Proceedings Act 1963 in regard to the length of residence required for recognition of a foreign nullity decree by the statute and at common law.

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"Divorce, The Royal Commission, and the Conflict of Laws"

JW Davies and BD Inglis, 1957

The authors critically analyse certain provisions of the Royal Commission’s Draft Code on Jurisdiction and Recognition (UK, annexed to the Report of the Royal Commission on Marriage and Divorce (1951-1955)) in the light of the New Zealand law governing jurisdiction in divorce cases, as well as the recognition of foreign divorce and nullity decrees. They conclude that, although the Draft Code contains valuable recommendations, New Zealand statutory reform has been progressive and already addresses most of the points raised by the Commission.

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"Enforcement of Foreign Judgments"

Laurette Barnard, 1996

This is a review of the decision in Bolton v Marine Services Ltd CA251/93 5 February 1996, in terms of which a foreign irregular judgment, which had not been set aside in the foreign court because the judgment debtor was in contempt, could be enforced in New Zealand. The author criticises the Court’s interpretation of the public policy exclusion as it applies to the enforcement of foreign judgments, as well as the Court’s failure to appreciate the penal nature (and unenforceability) of the judgment debt.

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“The Australia and New Zealand Judgments Scheme: A Common Law Judicial Area”

Oliver L Knöfel and Reid G Mortensen, 2011

This article provides a comprehensive background to the enactment of the trans-Tasman Proceedings Acts in both Australia and New Zealand within the context of the Closer Economic Relations Trade Agreement (1983) between the two countries. It also provides a comparative perspective on the trans-Tasman vis-à-vis European Union, other European and Hague Conference arrangements in the area of cross-border jurisdiction and judgments. Discussing the details of the new trans-Tasman scheme, the authors identify a number of potential obstacles, one of those being the very different accident compensation schemes obtaining in New Zealand and Australia. On the whole, however, the scheme promises to be most successful in the regulation of trans-Tasman jurisdiction and judgments.

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“Enforcing Foreign Judgments at Common Law in New Zealand: Is the Concept of Comity Still Relevant?”

John Turner, 2013

In this article, the author explores the role of comity as the theoretical basis of the enforcement of foreign judgments at common law in New Zealand. The author outlines the development of the concept of comity from its historical origins involving the promotion of reciprocity between courts to its modern iteration based on the recognised desirability of the enforcement of a debt obligation that binds defendants. The author’s thesis is that comity alone, in both its historical and modern conceptions, is an inadequate theoretical basis for the enforcement of foreign judgments. Instead, the author suggests that the use of comity as a basis for enforcement should be buttressed by a strong commitment by the courts to meeting the needs of international trade and commerce.

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"Trans-Tasman Court Proceedings and Regulatory Enforcement"

David Goddard, 2014

The author outlines the rationale for the trans-Tasman proceedings regime, evaluates its practical significance and considers alternative methods that might have been adopted to achieve the same ends.

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Private International Law – Litigating in the Trans-Tasman Context and Beyond

David Goddard and Campbell McLachlan, 2012

This New Zealand Law Society booklet provides a practical guide to private international law in New Zealand.

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A Casebook on the Conflict of Laws of New Zealand

PRH Webb and JLR Davis, 1970

Cases and materials on the New Zealand conflict of laws

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Conflict of Laws

BD Inglis, 1959

This textbook covers the main areas of conflict of laws.

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Conflict of Laws: The International Element in Commerce and Litigation

David Goddard, 1991

This New Zealand Law Society booklet provides a practical guide to private international law in New Zealand.

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Private International Law in New Zealand

David Goddard and Helen McQueen, 2001

This New Zealand Law Society booklet provides a practical guide to private international law in New Zealand.

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"The enforcement of foreign maintenance orders: what role for the common law?"

Jack Wass, 2017

The author considers the Court of Appeal’s judgment in Eilenberg v Gutierrez [2017] NZCA 270, [2017] NZFLR 471 on the enforcement of maintenance orders.