New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Failure to investigate

Legal area

Court

25 Feb 2021

BUTCHER v NEW ZEALAND SERIOUS FRAUD OFFICE [2021] NZHC 276

Citation

[2021] NZHC 276
Court

High Court

The proceeding was struck out because the statement of claim disclosed no reasonably arguable cause of action, was frivolous/vexatious and an abuse of process: the respondents had investigated the complaints or had no record of complaints, the core issues had been finally determined in prior High Court judgments, and the delay/staleness of the allegations made meaningful relief impossible or inappropriate.
9 Dec 2015

SATHYAN v POLICE COMMISSIONER OF WELLINGTON [2015] NZHC 3138

Citation

[2015] NZHC 3138
Court

High Court

The plaintiff's claim was struck out because non-investigation of individual complaints does not constitute a justiciable refusal or failure by the Commissioner to perform the public law duty to enforce the law, allocation of police resources is a discretionary, non-justiciable matter for the Commissioner, and therefore the statement of claim disclosed no reasonably arguable cause of action.