30 Mar 2006
SLATER V ATTORNEY-GENERAL CIV 2005-404-003728
- Citation
- openlaw-e3fe3fce_e903_42e6_8bfe_87b63834d335.pdf
- Court
- High Court
Although the common‑law recaption rule remains part of New Zealand law via De Lambert, on the conceded facts the police exceeded their lawful authority by using OC spray pre‑emptively against passive resistance in breach of Police General Instructions; that use of force constituted battery and rendered the subsequent arrest and detention unlawful; the District Court judgment is set aside and the matter remitted for assessment of damages.