25 Feb 2020
AR (INDIA) v ATTORNEY-GENERAL [2020] NZHC 421
- Citation
- [2020] NZHC 421
- Court
- High Court
The court held that s 8 NZBORA is confined to protection of human existence (risk of death) and does not extend to generalized diminution in quality of life or socio-economic harms; the pleaded NZBORA and s 23(5) claims therefore did not disclose a reasonably arguable cause of action and were struck out; the misfeasance cause was withdrawn and the proper defendant for NZBORA claims is the Attorney-General not the Chief Executive.