Dowie SarahSARAH DOWIE (National—Invercargill): I rise in support of the Private International Law (Choice of Law in Tort) Bill in its first reading brought to this House by Mr David Bennett. Mr David Bennett the dairy farmer of this House has I understand completed a law degree. He is the chair of the Finance and Expenditure Committee and now a lover of torts. I never knew this. He obviously majored in tort law in his law degree. He is an absolute lover of torts and passionate about clarifying this rule around double actionability.How impressed I was as I came back from Invercargill today from the Southland Regional Development Strategy launch where this Government has swung in behind our strategy team leaders with millions of dollars of investment. When I should have been coming back on the plane basking in that glory here I was racking my brains back to 1995 thinking about tanks of water that had burst and run into a neighbouring property and caused nuisance and a woman who had swallowed snails while drinking ginger beer. In other words these cases are known as Rylands v Fletcher and Donoghue v Stevenson. I had real trouble remembering that last one but it is Donoghue v Stevenson. That is how hard I had to work to rack my brains about torts that I studied back in 1995. I do not feel so bad now after Mr David Parker's speech because I too had real problems with torts and with this double actionability rule. I could never understand it. I think it has been described in some of the literature as difficult to understand. So I am pleased that Mr Bennett has brought this bill to the House to look to clarify and codify this law.Jacqui Dean: You can come on to the committee as well.SARAH DOWIE: No Ms Dean I do not want to come on to the committee in respect of this bill but I am sure I am at the mercy of the whips.A tort as we aware is about a private action. It does illustrate the importance of case law. Obviously case law develops these important laws in our legal system but the issue remains that when an action occurs in a foreign jurisdiction it is difficult to understand which actual jurisdiction applies. So this is a bill that clarifies which jurisdiction of law is applicable to torts and provides guidance to the courts on matters of characterisation.One of the great things as I mentioned before is that it abolishes the so-called rule of double actionability and I am going to have to refer to my notes in respect of this rule—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 and then it must apply the New Zealand law unless the other country has the more significant relationship with the occurrence and the parties." Excellent Mr Bennett thank you very much for that. That will clarify things. I think it is only wise and proper that if an action occurs in New Zealand then our law should be applied and if overseas then that jurisdiction should apply. I think that the rules and the principles set out in this bill will actually clarify that codify it and make it easier for young lawyers as they come into the legal profession. As this bill has been described it is a no-frills bill but look backbenchers do not need bells and whistles when you are working for the Government. It is a no-frills bill but it is pragmatic it is a good bill and it is solid and I congratulate Mr Bennett on bringing it to the House."