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Official Assignee v Murphy - [1993] 3 NZLR 62

$30.00

High Court Wellington
2, 3 February 1993
Thomas J
Bankruptcy and insolvency — Official Assignee — Summons to person to appear for examination as to affairs of a bankrupt — Whether person attending such examination under summons is "detained" under "any enactment" for the purposes of s 23(1) of the New Zealand Bill of Rights Act 1990 - Whether person attending such examination under summons is "detained " for a "suspected offence" within s 23(4) of the New Zealand Bill of Rights Act 1990 and so entitled to be advised of right to remain silent — Insolvency Act 1967, ss 68 and 70 - New Zealand Bill of Rights Act 1990, s 23(1) and s 23(4).
Company law — Insolvency — Official Assignee — Summons to person to appear for examination before the Official Assignee as to the affairs of a company in liquidation — Whether person attending such examination under summons is "detained" under "any enactment" for the purposes of s 23(1) of the New Zealand Bill of Rights Act 1990 - Whether person attending such examination under summons is "detained" for a "suspected offence" within s 23(4) of the New Zealand Bill of Rights Act 1990 and so entitled to be advised of right to remain silent — Companies Act 1955, ss 262 and 262A - New Zealand Bill of Rights Act 1990, s 23(1) and s 23(4).

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