WRIGHT v ATTORNEY-GENERAL as representative of the NEW ZEALAND POLICE [2021] NZHC 1478

WRIGHT v ATTORNEY-GENERAL as representative of the NEW ZEALAND POLICE [2021] NZHC 1478

Associate Judge Bell's interlocutory rulings were correct and are upheld: relevance for interrogatories is determined by matters in issue as shown by the pleadings (with usual allowance for facts relevant to pleaded issues), interrogatories must be fact-based and not seek evidence, privileged material or wide systemic inquiries, r 8.41 permits a single appropriate deponent (such as in-house counsel) to verify answers for non-natural parties provided proper enquiries are made, requests that non-party individual officers/clinicians personally verify answers were refused, recusal for bias was not made out, and the discretion under r 8.38 to order further interrogatories was properly declined...

Citation
[2021] NZHC 1478
Parties
Plaintiff: Nicholas David Wright; First Defendant: Attorney-General as representative of the New Zealand Police; Second Defendant: Auckland District Health Board
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 June 2021
Procedural Posture
Civil (claims Under New Zealand Bill of Rights Act 1990; Detention Under Mental Health (compulsory Assessment and Treatment) Act 1992; Related Tort/constitutional Claims) / Pre Trial Interlocutory Stage — Rehearing of Associate Judge's Interlocutory Decision on Interrogatories; Trial Scheduled October 2021
Outcome
All of the plaintiff's applications were declined; Associate Judge Bell's interlocutory decision was upheld and no further interrogatories were ordered; recusal refused
Legal Topics
Interrogatories, Review/rehearing of Interlocutory Decisions, Bill of Rights Act Rights, Detention Under MHCATA, Arrest and Prosecution, Recusal/bias, Court Discretion on Further Interrogatories
Constitutional Law Civil Procedure Criminal Law Mental Health Law Administrative Law Human Rights Law Interrogatories Review/rehearing of Interlocutory Decisions +5 more

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Parties

Nicholas David Wright

Plaintiff

Attorney-General as representative of the New Zealand Police

First Defendant

Auckland District Health Board

Second Defendant

Procedural Posture

Civil (claims Under New Zealand Bill of Rights Act 1990; Detention Under Mental Health (compulsory Assessment and Treatment) Act 1992; Related Tort/constitutional Claims) / Pre Trial Interlocutory Stage — Rehearing of Associate Judge's Interlocutory Decision on Interrogatories; Trial Scheduled October 2021

Legal Issues

  1. 1 scope of rehearing/review of an Associate Judge's interlocutory decision
  2. 2 whether relevance for interrogatories is determined by pleadings or broader material
  3. 3 whether party or particular non-party individuals must verify answers to interrogatories

Ratio Decidendi

Associate Judge Bell's interlocutory rulings were correct and are upheld: relevance for interrogatories is determined by matters in issue as shown by the pleadings (with usual allowance for facts relevant to pleaded issues), interrogatories must be fact-based and not seek evidence, privileged material or wide systemic inquiries, r 8.41 permits a single appropriate deponent (such as in-house counsel) to verify answers for non-natural parties provided proper enquiries are made, requests that non-party individual officers/clinicians personally verify answers were refused, recusal for bias was not made out, and the discretion under r 8.38 to order further interrogatories was properly declined...

Court Disposition

All of the plaintiff's applications were declined; Associate Judge Bell's interlocutory decision was upheld and no further interrogatories were ordered; recusal refused

Orders

  • Associate Judge Bell's decision of 26 January 2021 upheld and confirmed
  • Plaintiff's review under r 2.3(4) (rehearing) and r 8.38 application refused