12 May 2023
A (CA41/2021) v ATTORNEY-GENERAL [2023] NZCA 166
- Citation
- [2023] NZCA 166
- Court
- Court of Appeal
Court held that s 23(5) requires more than ordinary negligence in prisoner-on-prisoner violence cases; liability under s 23(5) requires an egregious departure from acceptable standards amounting to gross negligence or similar reprehensible conduct or reckless indifference by state actors; appellant's Osman-style all-reasonable-steps test would collapse s 23(5) into ordinary negligence and was rejected; on the Judge's uncontested findings the conduct did not meet that higher threshold and appeal failed.