21 Dec 2015
WRIGHT v BHOSALE & ANOR [2015] NZHC 3367
- Citation
- [2015] NZHC 3367
- Court
- High Court
The court held the officer committed a battery by seizing and handcuffing the plaintiff; the officer had no legal authority under the Land Transport Act to direct a passenger (the plaintiff) to provide identifying particulars and the resulting arrest was unlawful; the plaintiff was falsely imprisoned from arrest until release on bail, breaching ss18 and 22 BORA; the request for identification did not constitute a s21 BORA search; s23(2) BORA does not confer a pre-charge review right and was not breached; s24(a) BORA was breached at the time of bail and until 9 May 2013 because the plaintiff w…
- False imprisonment
- Wrongful arrest
- Assault and battery
- Unreasonable search (s21 bora)
- Right to be charged/informed (ss23,24 bora)
- Disclosure