22 Sept 2021
WHITE v THE ATTORNEY-GENERAL OF NEW ZEALAND [2021] NZCA 479
- Citation
- [2021] NZCA 479
- Court
- Court of Appeal
The Court held the Visiting Justice's disciplinary decision was a judicial decision; where that decision concluded (on the available evidence) that a strip search was not necessary, res judicata and abuse of process bar the Attorney-General from re-litigating that issue in subsequent NZBORA proceedings or pleading defences that amount to a collateral attack. Accordingly the impugned parts of the defence were struck out because the Department had the opportunity to and should have produced the relevant evidence before the Visiting Justice.