13 Sept 2017
DAVID BROWN v NEW ZEALAND BASING LIMITED [2017] NZSC 139
- Citation
- [2017] NZSC 139
- Court
- Supreme Court
The anti-discrimination personal grievance rights in the Employment Relations Act 2000 (Part 9, including age discrimination incorporated from the Human Rights Act 1993) apply to employees based in New Zealand even if their employment contract is governed by foreign law; the Employment Court had personal and subject-matter jurisdiction; territorial application is resolved by purposive statutory interpretation of the 2000 Act and related statutes and regulations rather than by treating the right as purely contractual or confined by the parties' choice of foreign proper law.