9 Apr 2020
ATTORNEY-GENERAL v STRATHBOSS KIWIFRUIT LIMITED [2020] NZCA 98
- Citation
- [2020] 3 NZLR 247
- Court
- Court of Appeal
The Crown's appeal is allowed: the Court held the Crown cannot be directly liable in tort here (liability is vicarious) and s 163 of the Biosecurity Act 1993 immunises inspectors and related personnel acting under the Act unless acting in bad faith or without reasonable cause; the Crown takes that immunity under s 6 Crown Proceedings Act 1950, so the Crown is precluded from vicarious liability for the alleged negligent acts of the protected personnel. On alternative reasoning, even absent immunity the Court would not have imposed a private law duty for policy reasons (indeterminate liability)…