Pere v Attorney-General - [2022] 2 NZLR 725

New Zealand Bill of Rights Act 1990 — Humane treatment and respect for inherent dignity — Accidental injury — Shot by police while in custody — Officers had complete control — Vulnerable position — No justification — Intention not relevant to question of breach — Not limited to duty to take reasonable care — Conduct lesser in degree than for breach of right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment — New Zealand Bill of Rights Act 1990 ss 23(5) and 9.

New Zealand Bill of Rights Act 1990 — Compensation — Accidental injury — Declaration insufficient to vindicate right, deter and denounce — Not compensation for injury itself — Reasons for breach relevant — Degree of culpability — Personal and systemic failures — Not appropriate compare penalties under other legislation.