25 Sept 2008
NZDF V BERRYMAN CA CA340/07
- Citation
- openlaw-884ab97c_9c0a_4037_9ec3_49179019c119.pdf
- Court
- Court of Appeal
The appeal is dismissed. Claims based on evidence given or submissions made to the Coroner are barred by the witness/advocate immunity and cannot proceed; rule 158 does not automatically preclude a misfeasance claim based on withholding Court of Inquiry material, and on the pleaded facts (insufficiently answered) the non‑release decision and associated conduct could conceivably amount to misfeasance in public office, so summary judgment cannot be entered against the respondents on that cause; allegations against Major Armstrong fail because he was not a public officer exercising public functi…