Chief Executive of the Department of Corrections v Gardiner - [2018] 2 NZLR 712

Prisoners’ and Victims’ Claims Act 2005 — Bar to compensation where complaints mechanisms not utilised — Relevance of complaints mechanisms that would have been ineffective — Quantum of damages award — Injury to liberty — Pecuniary loss — Emotional harm — Good faith of Crown — Conduct of plaintiff — Whether case is exceptional — Cabinet guidelines.

Retrospective application of judicial decisions — Parole Act 2002 — Effect of pre-sentence detention — Unlawful detention — False imprisonment.

Tort — False imprisonment — Effect of the defendant relying on existing legal understanding to calculate prisoner’s term to be served — Irrelevance of good faith — Effect of previously lawful imprisonment on damages — Damages unlikely to include economic loss.