King v Attorney-General - [2017] 3 NZLR 556

Tort — Negligent investigation — Strike out application — Whether police owing duty of care to suspect in conducting criminal investigation — No duty of care prior to charges being laid — Duty of care after charges laid — Whether relationships sufficiently proximate — Policy considerations — Impact of existing wrongful prosecution torts and government compensation scheme — Conflicting duty to victim and suspect — Defendant charged with murder — First trial declared mistrial — Defendant discharged before second trial — Late disclosure of evidence — New Zealand Bill of Rights Act 1990, ss 24, 25(b), 27.

Police — Duty of care — Negligent investigation — Whether police owing duty of care to suspect in conducting criminal investigation — No duty of care prior to charges being laid — Duty of care after charges laid.