4 Oct 2017
HUNTER v ATTORNEY-GENERAL SUED ON BEHALF OF THE NEW ZEALAND POLICE AND THE MINISTRY OF JUSTICE [2017] NZHC 2433
- Citation
- [2017] NZHC 2433
- Court
- High Court
The Court struck out causes of action 5, 6, 7 and 22 because the pleadings failed to allege essential elements: false imprisonment allegations did not plead 'total restraint'; NZBORA s22 claims lacked particulars showing a reasonable belief of not being free to leave; breach of statutory duty claims failed because statute did not evince an intention to create a private cause of action; and abuse of process/malicious-related torts where pleaded lacked particularised allegations of ulterior purpose or malice. The plaintiff is granted limited leave to replead specified causes to meet the legal s…