Jurisdiction — Executive — Conflict between legislation in two States — Primacy of domestic legislation over foreign legislation — Sovereign State — Application for injunction against disclosure — New Zealand Commission of Inquiry seeking disclosure by accountancy firm of financial affairs of international companies registered in the Cook Islands — Disclosure prohibited under Cook Islands statute — Whether Cook Islands statute prevails — Comity — Whether relevant matter for court’s consideration — The law of the Cook Islands

State immunity — Jurisdictional immunity — Employment — Action challenging termination of employment with Governor of Pitcairn Island — British colony — Whether activities of office of Governor of Pitcairn Island constitute sovereign functions — New Zealand Employment Contracts Act 1991 — Whether statute can be interpreted to exclude application of sovereign immunity in absence of express clause — The law of New Zealand

Jurisdiction — Territorial — Investigation into alleged tax evasion — Company using foreign tax haven — Alleged participation in tax evasion transactions by foreign State — Disclosure of financial information an offence under laws of the tax haven State — Whether individuals residing in forum State can be compelled to give evidence to commission of inquiry where to do so would breach laws of tax haven State — Whether legislation having extraterritorial effect — Whether privilege against self-incrimination applicable in respect of offence under foreign law

State immunity — Jurisdictional immunity — Public policy as ground for refusing claim of immunity — Investigation into alleged tax evasion by use of foreign tax haven — Alleged participation by foreign State in transactions — Alleged use of Cook Islands tax haven by New Zealand companies to evade New Zealand tax liabilities — Transactions involving sale and purchase of promissory notes and issue of tax payment certificates by Cook Islands to be used against New Zealand tax liabilities — Commercial activity exception — Whether activities classed as operation of tax regime or as sale of tax credits — Whether public policy considerations outweigh other criteria in determining whether State immunity applicable — “Inquity factor” — Whether Cook Islands Government Auditor can be compelled to produce documents in his possession in New Zealand to commission of inquiry — The law of New Zealand

State immunity — Jurisdictional immunity — Employment — Action challenging termination of employment — Applicant employed as bilingual secretary in diplomatic mission in London — Whether solicitor's letter directed to employer regarding status of staff in English law and circulated to staff prior to conclusion of contract of employment constitutes a “prior written agreement” to submit to jurisdiction — Section 2(2) of the State Immunity Act 1978 — European Convention on State Immunity, 1972 — Whether immunity from proceedings concerning employment of members of a mission applies in case of secretary whose appointment has not been notified to foreign ministry — Section 16(1) (a) of the State Immunity Act 1978 — Vienna Convention on Diplomatic Relations, 1961 — The law of England

State immunity — Jurisdictional immunity — Employment — Unfair dismissal claim — Procedure — Failure of State to file notice of appeal against decision rejecting immunity within time — Discretion of Employment Appeal Tribunal to grant extension of tune-limit in exceptional circumstances — Positive duty on courts to give effect to State immunity — Whether an exceptional circumstance justifying extension of time — Claim by State that earlier tribunal applied law of State immunity incorrectly — Whether duty on Employment Appeal Tribunal to correct alleged error of tribunal — Sections 1(2), 4 and 16(1)(a) of the State Immunity Act 1978 — The law of England

Aliens — Refugees — Criteria for grant of asylum — Refusal on ground of involvement in “serious non-political crimes” — Applicant claiming that threat to life or freedom because of political opinions if returned to Algeria — Applicant a member of illegal organization carrying out acts of violence to promote political objectives in Algeria — Admission by applicant of involvement in incidents leading to deaths — Whether requirement that gravity of offences be weighed against threat to life and freedom of applicant — Political nature of crimes — Whether nature of offence disproportionate to political objective — Requirement of causal link between offence and political aim — Convention relating to the Status of Refugees, 1951, Sections 1F and 33 — The law of England

State immunity — Jurisdictional immunity — Contract of employment — Driver employed by medical office of Egyptian Embassy in London — Action for unfair dismissal — Whether exception to immunity — State Immunity Act 1978, Sections 1, 4 and 16 — Whether office maintained for commercial purposes — Waiver — Whether submission to jurisdiction

Diplomatic relations — Members of diplomatic mission — Technical and administrative staff — Drivers at the medical office of the Egyptian Embassy in London — Whether members of technical and administrative staff of Embassy — Dismissal — Whether Egypt immune from action for unfair dismissal — The law of England

State immunity — Jurisdictional immunity — Procedure — Service of process — Requirement that service of writ on foreign State be effected by sending documents to foreign ministry in forum State for onward transmission to foreign ministry of defendant State — Whether posting of writ directly to embassy of foreign State in forum State constitutes effective service — European Convention on State Immunity, 1972 — Submission — Whether application by foreign State to set aside judgment on grounds of immunity and non-compliance with procedures for service constitutes submission — The law of England

State immunity — Jurisdictional immunity — Tort — Whether immunity applicable in respect of alleged assault within jurisdiction by foreign soldier — Alleged attempt by soldier to fire gun at plaintiff — Restrictive doctrine of immunity — Whether relevant act governmental in character — Whether exception to sovereign immunity exists in respect of torts committed by foreign States within the jurisdiction — Reciprocity

Relationship of international law and municipal law — Statutes — State immunity — Whether domestic statutes can be regarded as evidence of rules of international law — Domestic statutes establishing exception to sovereign immunity in respect of torts committed within jurisdiction — Whether domestic provisions evidence or establish such an exception under international law — The law of Ireland