2 Jul 2021
AR (INDIA) v ATTORNEY-GENERAL [2021] NZCA 291
- Citation
- [2021] NZCA 291
- Court
- Court of Appeal
The Court dismissed the appeal: s 8 of the NZBORA does not extend to a generalized deprivation of dignity or reduction in quality of life absent a real risk to life; the appellant's dignity claim was clearly untenable and properly struck out; the risk-to-life claim was barred as an abuse of process because the Tribunal and High Court had already rejected the risk findings and the appellant had not pursued statutory review remedies (and the claim would be rendered moot by imminent replacement passport); limited further evidence was admitted but amendment to plead breach of statutory duty was n…