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Articles for the keyword(s) "Policy"

"The Territorial Scope of New Zealand Employment Law: Quarter-Acre or Global Village?"

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.