New Zealand Case Law: Decisions & Judgments | LexChat

Topic

State immunity

Legal area

Court

15 Mar 2021

MOHAMED v GUARDIANS OF NZ SUPERANNUATION [2021] NZHC 512

Citation

[2021] NZHC 512
Court

High Court

The application is dismissed because Guardians lawfully exercised its broad statutory discretion under ss58,60 and 61 by adopting SIPSP and RIF informed by accepted international standards, engaging appropriately on Western Sahara issues, reviewing policies annually, and properly considering (but not automatically excluding) investments connected to Western Sahara; applicants failed to identify any legal error or that Guardians did not properly consider exclusion, and standing and foreign sovereign issues were either unnecessary to decide or inapplicable.
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.