THE ATTORNEY-GENERAL OF NEW ZEALAND V CHAPMAN SC 120/2009
The Supreme Court granted leave to appeal and approved the ground for appeal as whether Bill of Rights damages can be awarded against the Attorney-General on behalf of the Crown for breaches of fair trial rights by judicial conduct immune from liability; the court did not determine the substantive legal question in...
Source-derived case information.
- Citation
- SC 120/2009
- Parties
- Applicant: The Attorney-General of New Zealand; Respondent: Mervyn Chapman
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 March 2010
- Procedural Posture
- Leave to Appeal (supreme Court) / Leave Application Granted
- Outcome
- Application for leave to appeal granted; approved ground stated for appeal
- Legal Topics
- Bill of Rights Damages, Judicial Immunity, Fair Trial Rights, Judicial Conduct, Separation of Powers
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney-General of New Zealand
Applicant
Mervyn Chapman
Respondent
Procedural Posture
Leave to Appeal (supreme Court) / Leave Application Granted
Legal Issues
- 1 Whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct immune from liability
- 2 Interaction between judicial immunity and remedies under the New Zealand Bill of Rights Act 1990
- 3 Whether the Crown can be held liable for rights breaches resulting from judicial conduct
Ratio Decidendi
The Supreme Court granted leave to appeal and approved the ground for appeal as whether Bill of Rights damages can be awarded against the Attorney-General on behalf of the Crown for breaches of fair trial rights by judicial conduct immune from liability; the court did not determine the substantive legal question in this judgment.
Court Disposition
Application for leave to appeal granted; approved ground stated for appeal
Orders
- Application for leave to appeal granted
- Approved ground: whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct immune from liability
Full Case Text
Judgment text and source record
1 paragraphs
THE ATTORNEY-GENERAL OF NEW ZEALAND V CHAPMAN SC 120/2009 31 March 2010IN THE SUPREME COURT OF NEW ZEALAND SC 120/2009 [2010] NZSC 31BETWEEN THE ATTORNEY-GENERAL OF NEW ZEALAND Applicant AND MERVYN CHAPMAN Respondent Court: Elias CJ, McGrath and Wilson JJ Counsel: D B Collins QC, C C Inglis and C J Curran for Applicant R E Harrison QC, A J McKenzie and K H Cook for Respondent Judgment: 31 March 2010JUDGMENT OF THE COURTA The application for leave to appeal is granted. B The approved ground is whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct in respect of which the judicial officer is immune from liability.Solicitors: Crown Law Office, Wellington for Applicant G C Knight, Christchurch for Respondent