Abstract
When a New Zealand court is given a foreign judgment, it must assess whether it should enforce it domestically. Let’s say a New Zealand court is presented with a judgment with no obvious defects from an authoritarian legal system. This authoritarian legal system often has politically motivated decision-making in their courts, and it is difficult to identify whether legitimate reasoning is used in any individual case. The foreign judgment is in favour of a subsidiary of a state-owned enterprise from the authoritarian state, providing a potential avenue for preferential reasoning. Should a New Zealand court enforce this judgment? This is the situation currently before the New Zealand High Court and this dissertation aims to provide an answer.