19 Apr 2021
WILLIAMS v NEW ZEALAND POLICE [2021] NZHC 808
- Citation
- [2021] 2 NZLR 292
- Court
- High Court
s 48 OIA is an affirmative defence for a defendant to plead and prove; the Tribunal incorrectly placed the burden on the claimant and impermissibly conducted a factual inquiry drawing inferences on strike-out under s 115A instead of assessing whether the pleaded claim was clearly untenable; appeal allowed and matter remitted to Tribunal.