New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Declaratory theory

Legal area

Court

19 Dec 2019

SMYTH v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 3435

Citation

[2019] NZHC 3435
Court

High Court

Limitation Acts do not directly bar Baigent claims but courts will be guided by limitation concepts by analogy; the unlawfulness of detention here was not reasonably discoverable before the Supreme Court's decision in Booth v R (2016), the plaintiff filed promptly after that correction of the law, the delay did not prejudice the defence, and therefore the Court in the exercise of its discretion awarded Baigent damages of $15,030 and declined interest.
15 Dec 2016

MARINO v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC 3074

Citation

[2016] NZHC 3074
Court

High Court

The Court held the Supreme Court's interpretation of the Parole Act operates retrospectively under the declaratory theory, rejecting the Chief Executive's argument for prospective-only effect; reliance on earlier (incorrect) authority does not avoid strict liability for false imprisonment, and the applicants are entitled to summary judgment on liability for the periods they were detained beyond their lawful sentences.