State Immunity and the Application of Customary International Law in New Zealand: The Young v Attorney-General Litigation
In: New Zealand Yearbook of International LawSearch for other papers by Jared Papps in
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Abstract
In the Young v Attorney-General litigation, Ms Hayley Young pursued claims in New Zealand against the New Zealand and United Kingdom governments in relation to allegations that she suffered sexual harassment, assault and rape by United Kingdom Royal Navy and Royal New Zealand Navy officials. The litigation gave rise to issues of state immunity in relation to the United Kingdom, as well as the question of which forum was appropriate to hear the dispute. This case note explains the reasoning of the High Court, Court of Appeal and Supreme Court in addressing these issues. It then considers more broadly what this reasoning reveals about the approach of the New Zealand courts to customary international law, and suggests that this approach should be reconsidered. Finally, the note briefly discusses additional considerations the courts might have taken into account in deciding the appropriate forum.