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Attorney-General v Putua - [2024] 2 NZLR 420

$30.00

Court of Appeal Wellington
CA535/2022
15 November 2023; 21 March 2024
French, Courtney and Katz JJ
Constitutional law — Judicial immunity — Breach of New Zealand Bill of Rights Act 1990 — Prisoner arbitrarily detained — Whether Crown liable for damages — Mistake in preparation of warrant of commitment by deputy registrar — Prisoner mistakenly detained in prison for additional 33 days — Warrant signed by District Court judge — Whether actions of deputy registrar attracting judicial immunity — Prisoner’s alternative remedies — Whether judge’s signing of warrant intervening cause negating liability of deputy registrar — Sentencing Regulations 2002.
Constitutional law — New Zealand Bill of Rights Act 1990 — Prisoner arbitrarily detained — Whether Crown liable for damages — Judicial immunity — Prisoner mistakenly detained in prison for additional 33 days — Mistake in warrant of commitment prepared by deputy registrar — Warrant signed by District Court judge — Whether actions of deputy registrar attracting judicial immunity — Prisoner’s alternative remedies — Whether judge’s signing of warrant intervening cause negating liability of deputy registrar — Sentencing Act 2002 s 91.

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