High Court Wellington
15, 16 September; 17 December 1999
Randerson and Neazor JJ
15, 16 September; 17 December 1999
Randerson and Neazor JJ
Constitutional law — New Zealand Bill of Rights Act 1990 — Arbitrary arrest — Respondent arrested pursuant to police policy for family violence without consideration of discretion to arrest — New Zealand Bill of Rights Act 1990, s 22.
Police — Powers — Implied licence to enter private property conferred by one joint occupier contrary to interests of other joint occupier — Nature and extent of discretion to arrest — Circumstances in which Court will intervene to review exercise of discretion — Crimes Act 1961, s 315.
Criminal law — Arrest — Bail — Nature and extent of discretion available to arresting officer — When Court will intervene to review the exercise of discretion.
Damages — Apportionment — Common law claims and New Zealand Bill of Rights Act 1990 claims — Overlapping claims — Exemplary damages.
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