Tuesday, August 14, 2018

Not military justice, but . . .

The decision of the Court of Appeal of New Zealand in Young v. Attorney General & Ministry of Defence (UK), [2018] NZCA 307 (Aug. 13, 2018), may be of interest to readers. Here, according the the judgment (Brown, J) is what the case concerns:
[5] . . .  [I]n our view the broad issues raised by the appeal are:

(a) Does New Zealand owe Ms [Hayley] Young [a former member of the Royal New Zealand Navy] an obligation to provide her with an effective remedy in the New Zealand courts for the alleged wrongdoing she suffered abroad at the hands of Royal Navy personnel: 
(i) as a matter of domestic law under the NZBORA [New Zealand Bill of Rights Act]? 
(ii) as a matter of international law because of the nature of the alleged wrongdoing involving arguable violation of Ms Young’s fundamental rights? 
(b) Should the Court dismiss the protest to jurisdiction by the MOD(UK) on the grounds that the alleged wrongdoing breached a fundamental principle of justice or some deep-rooted tradition of New Zealand which engages an iniquity exception to the state immunity doctrine? 
(c) Are the courts of England and Wales or the High Court of New Zealand the more appropriate forum for Ms Young’s claim against the MOD(UK)?
Held, appeal dismissed. 

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