New Zealand Case Law: Decisions & Judgments

Topic

Extraterritorial jurisdiction

Legal area

Court

15 Oct 2021

COMMERCE COMMISSION v KORDIA GROUP LIMITED [2021] NZHC 2777

Citation

[2021] NZHC 2777
Court

High Court

The Court held: (1) Yes — a terrestrial or satellite broadcasting transmission network is a PTN where the public avails itself of the conveyed signal (receipt by end-user of the broadcast constitutes use of the network for the purposes of telecommunication even without a return channel); (2) No — an overseas satellite operator whose only involvement occurs on the satellite outside New Zealand does not, by that alone, provide a telecommunications service in New Zealand (jurisdiction requires a sufficient NZ nexus such as NZ-based assets or services); (3) Yes — revenue received by a supplier of…
19 Mar 2019

V v GOOGLE LLC [2019] NZHC 488

Citation

[2019] NZHC 488
Court

High Court

The appeal was dismissed because the District Court was not satisfied on the evidence that a communication principle was breached causing serious emotional distress, the complained-of content had been removed from the web, and Google (as a search engine operator) is not an online content host or IPAP able to remove third-party content or identify authors such that the s 19 orders sought against Google could be made.
13 Aug 2018

YOUNG v ATTORNEY-GENERAL [2018] NZCA 307

Citation

[2018] 3 NZLR 827
Court

Court of Appeal

State immunity bars the claim against the MOD(UK); NZBORA does not apply to the MOD(UK) or expand liability to foreign states; treaties and customary international law relied upon do not create a procedural exception displacing state immunity; England and Wales is the appropriate forum for the MOD(UK) claims; appeal dismissed.
17 Feb 2015

ELVIS HEREMIA TEDDY v NEW ZEALAND POLICE [2015] NZSC 6

Citation

[2015] NZSC 6
Court

Supreme Court

Leave to appeal was refused because the applicant failed to show a substantial miscarriage of justice: the Court was not persuaded that both the High Court and Court of Appeal were wrong about extraterritorial jurisdiction and, in any event, subsequent legislative amendments removed any point of general or public importance, so the statutory criteria for leave were not met.
12 Nov 2010

HILLARY V HILLARY HC AK CIV-2010-404-007445

Citation

openlaw-a07101b0_d8cb_4291_bf48_9faeba3085e6.pdf
Court

High Court

There is a serious question to be tried that the watches belonged to Sir Edmund's estate and therefore to the plaintiffs; damages are inadequate for at least the Everest and Peter's watch; balance of convenience and overall justice require mandatory interim orders obliging Lady Hillary to take reasonable steps to preserve the watches and withdraw them from the auction but not to require payment of the auction house's claimed damages; the Court cannot injunct the Swiss auction house but can bind the domestic parties and put the auction house on notice of the plaintiffs' claim.
16 Nov 2007

COMMERCE COMMISSION V DISCOUNT PREMIUM HOLIDAYS LIMITED AND ORS HC AK CIV 2007-404-006451

Citation

openlaw-7d21df1d_3405_469b_ae41_d30d3f7a3455.pdf
Court

High Court

The Court granted the plaintiff's application for interim injunctive and disclosure relief because the affidavits and interview evidence disclosed numerous and serious breaches of the Fair Trading Act, established a serious question to be tried and a public interest in relief, the alleged extraterritorial telemarketing conduct amounted to conduct in New Zealand when received and acted on, and the third defendant was properly attributable with the companies' acts under s45(4) such that relief could be extended to him personally.

New Zealand Case Law

COMMERCE COMMISSION v KORDIA GROUP LIMITED [2021] NZHC 2777

V v GOOGLE LLC [2019] NZHC 488

YOUNG v ATTORNEY-GENERAL [2018] NZCA 307

ELVIS HEREMIA TEDDY v NEW ZEALAND POLICE [2015] NZSC 6

HILLARY V HILLARY HC AK CIV-2010-404-007445

COMMERCE COMMISSION V DISCOUNT PREMIUM HOLIDAYS LIMITED AND ORS HC AK CIV 2007-404-006451