Abstract
Much has happened in the New Zealand conflict of laws since the last review published by this journal in 2013. The main focus of that review, written by Elsabe Schoeman, was the reform of the rules for service outside of the jurisdiction in the High Court Rules. The reform had clarified — and improved on — the grounds for the assumption of personal jurisdiction over foreign defendants. In addition, the review noted the impending changes to the resolution of civil proceedings with a trans-Tasman element, brought about by the coming into force of the Trans-Tasman Proceedings Act 2010 in October 2013. In this review, I wish to pick up where Professor Schoeman left off, by providing an overview of the most significant developments in the New Zealand conflict of laws since 2013. There have been many cases on the rules of personal jurisdiction under the High Court Rules, some case law under the Trans-Tasman Proceedings Act, a number of interesting decisions on jurisdictional tools like forum (non) conveniens and the power to grant anti-suit injunctions, and a steady flow of cases dealing with the recognition and enforcement of foreign judgments. But the most significant developments arguably occurred in other areas of the conflict of laws: international civil procedure, principles of choice of law and the subject areas of property (and equity), obligations, and family. The aim of the present review is to provide a succinct overview of these developments. For more in-depth coverage — and for up-to-date commentary on the conflict of laws more generally — the reader is advised to consult a newly published text on the subject, The Conflict of Laws in New Zealand.