24 Apr 2017
X v THE ATTORNEY GENERAL OF NZ [2017] NZHC 768
- Citation
- [2017] 3 NZLR 115
- Court
- High Court
MoD(UK) was entitled to dismiss for lack of jurisdiction because state immunity applied to the alleged conduct occurring on UK territory and vessels and no established exception (including a general human‑rights/iniquity exception) removed that immunity; MoD(UK) had not submitted to jurisdiction by seeking a routine extension. Conversely AGNZ's protest to jurisdiction was dismissed: the act of state/non‑justiciability and state immunity doctrines did not bar a New Zealand court from hearing claims against AGNZ for omissions and duties arising in New Zealand and incidentally involving factual…