22 Jul 2022
NEW ZEALAND POLICE v DELIU [2022] NZCA 328
- Citation
- [2022] NZCA 328
- Court
- Court of Appeal
The Court of Appeal held the High Court's declaration of arbitrary detention stands but the award of $3,000 public law damages and the direction to provide a written apology were set aside. The declaration alone was sufficient vindication in the circumstances of a brief, non-physically restrictive detention; the police conduct did not justify an uplift; and, in any event, a mandatory apology order cannot be granted against the Crown under s17(1)(a) Crown Proceedings Act. Accordingly additional monetary relief and the apology order were inappropriate and were overturned.
- Arbitrary detention (s22 nzbora)
- Public law damages
- Search warrant validity (s143 ssa)
- Remedies against the crown
- Apology as judicial remedy