19 Aug 2010
GRAHAM ASHLEY ROBERT PALMER V THE ATTORNEY-GENERAL OF NEW ZEALAND HC AK CIV-2009-404-6602
- Citation
- openlaw-1ab82cee_79b4_46ad_b713_f40c0174ca5d.pdf
- Court
- High Court
Warrants obtained by a non-sworn forensic accountant were valid because s198 does not restrict applicants to sworn officers; any minor defect in description (east vs west wing) was an error of form cured by s204 absent miscarriage of justice; warrants were lawfully executed; police acting pursuant to process are protected by s39 absent malice or bad faith; the Crown is not vicariously liable under s6(5) for execution of judicial process in the absence of bad faith; accordingly causes of action based on invalidity/unlawful execution could not succeed and were properly struck out.