Attorney-General v Niania - [1994] 3 NZLR 106

Tort — Wrongful arrest and false imprisonment — Suspect required to go to police station — Not advised that under no obligation to do so — Reasonable belief that police room door was locked — Suspect constantly under supervision — Suspect remained at police station several hours until advised free to leave — Constable had good cause to suspect imprisonable offence had been committed — Constable had no intention of making formal arrest — Suspect never informed of act or omission for which allegedly arrested — Reason for arrest not obvious in circumstances — Not impracticable to advise reason — Whether suspect lawfully arrested — Whether arrest unlawful pursuant to Bill of Rights Act — New Zealand Bill of Rights Act 1990, s 23 - Crimes Act 1961, ss 31, 315 and 316(1).

Damages — Assessment — Compensatory damages — Aggravated damages — Wrongful arrest and false imprisonment — Suspect required to go to police station — Not advised that under no obligation to do so — Reasonable belief that police room door was locked — Suspect constantly under supervision — No intention of arrest — Suspect not lawfully arrested — No deliberate abuse of police powers — Damages awarded including aggravated compensatory damages — No circumstances amounting to aggravation — No punitive damages — Whether aggravated damages still compensatory — Whether circumstances justifying aggravated damages simply go to appropriate level of compensatory damages — Whether aggravated damages distinct category — Whether damages awarded substantially too high.