New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Crown proceedings act s6(5)

Legal area

Court

27 Oct 2022

SIEMER v ATTORNEY-GENERAL [2022] NZHC 2789

Citation

[2022] NZHC 2789
Court

High Court

The plaintiff's amended statement of claim is struck out because it discloses no reasonably arguable cause of action: judicial immunity and the principles in Attorney-General v Chapman bar claims for compensation or declaratory relief against the Crown for judicial acts; s6(5) of the Crown Proceedings Act bars tort claims in connection with judicial process; and the claim amounts to an impermissible collateral attack on final Supreme Court decisions which the High Court lacks jurisdiction to review.
21 Nov 2005

G.M. TODD, K.J. PHILLIPS, J.W. TROON, A.B. JACK, K.E. TOHILL, J.E. MACDONALD V GAVIN JOHN HILLARY HC CHCH CIV-2005-412-294

Citation

openlaw-b7bd1bc6_667e_4b5f_8d6c_2535a4089807.pdf
Court

High Court

The Registrar's sealing, issuing, amending and execution of orders were responsibilities of a judicial nature and steps in the execution of the judicial process; accordingly those acts are protected by s6(5) of the Crown Proceedings Act 1950 and the claim against the Attorney-General discloses no reasonable cause of action and must be struck out absent evidence of bad faith.