Reform of Choice of Law Rules for Tort

Abstract

This article examines the Private International Law (Choice of Law in Tort) Bill, referred to the New Zealand Justice and Electoral Select Committee at the end of 2016. The authors explore the potential effects of the Bill, such as the abolition of the double actionability rule, along with certain policy issues in defamation and intellectual property that may arise if the Bill is introduced as law. The article concludes with the suggestion that Parliament clarify that the Bill is confined to the realm of objective choice of law, leaving the courts free to develop rules giving effect to choice of law agreements in appropriate cases.