Laurette Barnard, 1996
This article presents a detailed analysis of the way in which New Zealand courts determine the objective proper law of a contract in the absence of a choice by the parties. With reference to case law, the author argues that the current practice of determining such proper law on the basis of the “closest and most real connection” test does not translate into certainty and predictability and does not serve the goals of commercial convenience and business efficacy. The author proposes the development of a set of coherent presumptions, or rules subject to flexible exceptions, for each kind of contract.
Paul Roth, 2000
This overview of recent case law deals with the determination of the proper law of an employment contract, as well the jurisdiction of the Employment Court/Employment Relations Authority and the power to apply foreign law within the relevant statutory context. The author focuses on wrongful dismissal (or associated breach of contract) claims and breach of contract (not associated with a dismissal).
Jacquelin Mackinnon, 2012
After a brief survey of the legal issues that can arise from employment agreements that have a foreign element, the author discusses the scope of employment rights legislation. The author notes that while the provisions of the Employment Relations Act 2000 are broadly expressed and contain no express limitation on the Act’s application to contracts with a foreign element, it has not been interpreted as a mandatory legislative scheme. It is clear however, that the legislature intended that the protection afforded by the Act should be available in cases where New Zealand law is the proper law of the contract. The author discusses how this is implemented through the limitations imposed by the Act on party autonomy as to choice of law.
Paul Myburgh and Linda Patullo, 2003
In Mehta v Elliot (Labour Inspector) AEC 34/02, AC 2A/03, 9 July 2003 (Judge Colgan), the judge denied extra-territorial scope to protective provisions in the Wage Protection Act 1983 in circumstances where a premium had been paid overseas. The authors analyse the decision, concluding that the judge had arguably (in a difficult, borderline case) overemphasised the general presumption against extra-territoriality in the absence of a clear indication of its territorial reach. They propose that the legislature review the territorial scope of existing statutes and spell out the territorial reach of propsed statutory provisions.
Maria Hook and Jack Wass, 2017
The authors analyse and critique the Court of Appeal's decision in New Zealand Basing Ltd v Brown  NZCA 525,  2 NZLR 93. The issue in this case was whether New Zealand-based pilots could seek relief under the Employment Relations Act 2000 in relation to impending dismissal by their Hong Kong-based employer. The employment contracts were expressly governed by the law of Hong Kong.