Dowie SarahPRIVATE INTERNATIONAL LAW (CHOICE OF LAW IN TORT) BILLThird ReadingSARAH DOWIE (National—Invercargill): I move That the Private International Law (Choice of Law in Tort) Bill be now read a third time.It is an honour to rise on this bill which is in my name—the Private International Law (Choice of Law in Tort) Bill. This bill may appear somewhat complex but the truth is it simplifies matters regarding tort law. This bill adds significant improvements to the New Zealand legal system. The law of tort covers civil wrongs whether intentional or otherwise and it is a very important part of our legal system. As in all fields of law issues arise however and solutions are required to improve the systems. One of those issues is that of jurisdiction. It applies when certain torts occur over multiple jurisdictions. For example there is a case where multiple jurisdictions are involved: the question arises of which laws apply in the first instance. These matters are technical but are nevertheless fundamental to ensuring an effective judicial system. This bill seeks to clarify these elements of confusion in tort law.There are four fundamental changes to tort law presented by this bill. The first is to abolish a rule referred to as double actionability. This is a somewhat archaic rule passed down from our common law heritage with England. When a tort claim is brought in New Zealand for an action committed in another jurisdiction the New Zealand court can hear the claim only if the tort is actionable in both jurisdictions. It then must apply New Zealand law unless the other country has the more significant relationship with both the occurrence and the parties. This private international law bill abolishes this double actionability rule under clause 6. Legal professionals have long called for reform as the law is widely known as being difficult to apply and to understand.The bill takes away but it also creates. With the double actionability rule abolished clause 7 of the bill creates the general rule that will be used in situations where the intent of the double actionability rule would have previously been applied. In essence clause 7(1) establishes the place of wrongdoing rule in which the applicable law is the law of the jurisdiction in which the events constituting the tort in question occur." Put simply if the event happened in the UK the UK's law applies. This is the second change brought about in this bill and it is a sensible and logical rule. It is what you would expect of our judicial system.Clause 7(2) goes into more detail saying "Where elements for those events occur in different jurisdictions the applicable law under the general rule is taken as being—(a) for a cause of action in respect of damage to property the law of the jurisdiction where the property was when it was damaged;". This bill abolishes the complex double actionability rule that has no place in the modern legal system. Subsequently it creates a new multipurpose regime that addresses two central elements encompassed within tort law: damages to property and general cases.This bill doesn't stop with simply establishing this regime. It adds a dynamic mechanism to ensure flexibility in the systems approach. As the fourth and final element of this bill this mechanism provides an exemption to the place of wrongdoing rule allowing a court to apply the law of another jurisdiction where it is substantially more appropriate to do so.In essence the bill gives the court the ability to look at complex circumstances and judge whether the regime this bill creates determines the proper jurisdiction and whether a different course of action may be more appropriate. This is clarified in clause 8(2) which has two main elements. The first is "(a) the significance of the factors that connect a tort with the jurisdiction whose law would be the applicable law under the general rule;" and the second part is "(b) the significance of any factors connecting the tort with another jurisdiction". Once both are satisfied if it is substantially more appropriate for the applicable law for determining the issues arising in the case or any of those issues to be the law of another jurisdiction the general rule is displaced.I have personal connection and appreciation of the domain of tort law from my previous experiences studying it and practising it and I am conscious of the complexity and nuances of tort law. I am consequently aware of the impact of this small yet significant bill among legal circles especially those who specialise in tort law.I would like to thank those involved in working on this bill—firstly the wonderful clerks of the previous Justice and Electoral Committee of the 51st Parliament: Shennia Tamara and Jess. I would also like to thank the Ministry of Justice officials for their assistance on this bill especially throughout the committee stage. Thank you to the then members of the Justice and Electoral Committee; we've heard much praise of them in the last reading of the last bill heard. It was a fantastic and collegial select committee in the 51st Parliament.Jono Naylor who has since retired was my deputy—and an excellent deputy at that. I'd also like to pay tribute to the previous members some of whom have retired or are in absentia from this Parliament: Paul Foster-Bell Chris Bishop Maureen Pugh Marama Fox Jacinda Ardern Louisa Wall Metiria Turei and Denis O'Rourke who have all provided valuable contributions on this bill.Finally I'd like to thank two submitters to this bill: firstly the New Zealand Law Society and secondly Professor Campbell McLachlan QC Jack Wass and Dr Maria Hook. I'd also like to personally thank Maria Hook for her dedication to the bill especially with regards to its interaction with the Accident Compensation Act.So to conclude I think that this is an excellent piece of legislation. It has been well thought through and confidently developed through select committee and debated in this House. The four elements of this bill simplify the complex aspects of tort law when international jurisdictions apply. With that I commend this bill to the House."