WRIGHT v BHOSALE & ANOR [2015] NZHC 3367

WRIGHT v BHOSALE & ANOR [2015] NZHC 3367

The court held the officer committed a battery by seizing and handcuffing the plaintiff; the officer had no legal authority under the Land Transport Act to direct a passenger (the plaintiff) to provide identifying particulars and the resulting arrest was unlawful; the plaintiff was falsely imprisoned from arrest until release on bail, breaching ss18 and 22 BORA; the request for identification did not constitute a s21 BORA search; s23(2) BORA does not confer a pre-charge review right and was not breached; s24(a) BORA was breached at the time of bail and until 9 May 2013 because the plaintiff was not informed in detail of the statutory basis of the charge; having regard to precedents and...

Citation
[2015] NZHC 3367
Parties
Plaintiff: Nicholas David Wright; First Defendant: Vijayraj Bhosale; Second Defendant: Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 December 2015
Procedural Posture
Civil Tort and Bill of Rights Act Claim (false Imprisonment, Wrongful Arrest, Assault and Battery, BORA Breaches) / Final Judgment (high Court)
Outcome
Judgment for Plaintiff in part: declarations granted (battery, unlawful direction to produce ID, unlawful arrest, false imprisonment and breach of s24(a) BORA up to 9 May 2013); general damages awarded; exemplary damages denied.
Legal Topics
False Imprisonment, Wrongful Arrest, Assault and Battery, Unreasonable Search (s21 Bora), Right to Be Charged/informed (ss23, 24 Bora), Disclosure, Exemplary Damages, Land Transport Act Enforcement Powers
Tort Law Constitutional/human Rights Law Police and Criminal Procedure Administrative Law False Imprisonment Wrongful Arrest Assault and Battery Unreasonable Search (s21 Bora) +4 more

Case Brief

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Parties

Nicholas David Wright

Plaintiff

Vijayraj Bhosale

First Defendant

Attorney-General

Second Defendant

Procedural Posture

Civil Tort and Bill of Rights Act Claim (false Imprisonment, Wrongful Arrest, Assault and Battery, BORA Breaches) / Final Judgment (high Court)

Legal Issues

  1. 1 Whether the arrest and handcuffing amounted to battery
  2. 2 Whether the officer had legal authority under the Land Transport Act to require identifying particulars of a passenger and to arrest for failure to comply
  3. 3 Whether detention constituted false imprisonment and breaches of ss 18 and 22 of the NZ Bill of Rights Act 1990 (BORA)

Ratio Decidendi

The court held the officer committed a battery by seizing and handcuffing the plaintiff; the officer had no legal authority under the Land Transport Act to direct a passenger (the plaintiff) to provide identifying particulars and the resulting arrest was unlawful; the plaintiff was falsely imprisoned from arrest until release on bail, breaching ss18 and 22 BORA; the request for identification did not constitute a s21 BORA search; s23(2) BORA does not confer a pre-charge review right and was not breached; s24(a) BORA was breached at the time of bail and until 9 May 2013 because the plaintiff was not informed in detail of the statutory basis of the charge; having regard to precedents and...

Court Disposition

Judgment for Plaintiff in part: declarations granted (battery, unlawful direction to produce ID, unlawful arrest, false imprisonment and breach of s24(a) BORA up to 9 May 2013); general damages awarded; exemplary damages denied.

Orders

  • Declaration that the seizure, handcuffing and search of Mr Wright by Constable Bhosale constituted a battery.
  • Declaration that Constable Bhosale had no legal authority to direct Mr Wright to produce identification or provide his name and address.