Court of Appeal Wellington
CA 254/2020
20, 21 April; 2 August 2021
French , Collins and Goddard JJ
CA 254/2020
20, 21 April; 2 August 2021
French , Collins and Goddard JJ
Tort — Breach of privacy — Unauthorised disclosure to media of information concerning New Zealand superannuation payment irregularity to Member of Parliament — Whether reasonable expectation that information be kept private — Whether reasonable expectation that information not be disclosed to Minister of State Services, Minister of Social Development or within Ministry of Social Development — Statutory immunity for Public Service chief executives and employees — Whether disclosures made in good faith and on confidential basis — Whether disclosures made in performance of Ministry of Social Development functions — Evidence failed to identify person who disclosed private information — Whether res ipsa loquitur applicable — State Sector Act 1988 s 86.
Tort — Crown liability — Statutory immunity for Public Service chief executives and employees — Whether disclosures made in good faith and on confidential basis — Whether chief executive or Crown liable for acts of public servants — Whether disclosures made in performance of Ministry of Social Development functions — Evidence failed to identify person who disclosed private information — Whether res ipsa loquitur applicable — Public Service Act 2020.
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