23 May 2016
THOMPSON v THE ATTORNEY-GENERAL [2016] NZCA 215
- Citation
- [2016] 3 NZLR 206
- Court
- Court of Appeal
The Court held that omissions by Ministry of Justice registry staff to update court records fell within s 6(5) Crown Proceedings Act as responsibilities in connection with the execution of judicial process and so barred the appellant's tort claims; although the appellant's arrest and detention were arbitrary and breached s 22 BORA because the warrant was unlawful, the proximate and effective cause was the judge's unlawful issuance of the warrant (a judicial act) and Chapman prevents vicarious Crown liability for such judicial acts, so no compensation against the Crown was available.