Prince v Attorney-General - [1996] 3 NZLR 733

Tort — Negligence — Adoption of child — Officer of Department of Social Welfare preparing reports — Whether department negligent in failing to have adequate system for investigating prospective adoptive parents or failing to supervise officers — Novel case — Whether duty of care owed to child — Whether just and reasonable that a duty of care should be recognised — Whether public policy required that there should be liability — Likely or foreseeable consequences of recognising or denying duty

Tort — Negligence — Adoption of child — Duty of care — Whether Department of Social Welfare negligent in failing to act upon complaint about adoptive parents — Whether negligent in failing to ensure that adopted child adequately housed, educated and cared for — Children and Young Persons Act 1974, s 5 — Accident Rehabilitation and Compensation Insurance Act 1992.

Tort — Negligence — Adoption of child — Duty of care — Representations as to future events — Whether advice negligent as to way adoption system would operate — Whether duty of care owed to child and/or natural mother

Courts — Judicial immunity — Court immunity — Whether absolute immunity from liability to an action — Function and status of officer in preparing adoption report and reporting to Court — Whether officer could be liable for acts or omissions precedent to the provision of reports to the Court — Whether employer of officer could be liable for acts or omissions precedent to the provision of the report — Adoption Act 1955, ss 10, 11, 13 and 24 — High Court Rules, R 324 — Married Women's Property Act 1882 (UK), s 12.

Equity — Fiduciary relationship — Adoption of child — Whether fiduciary relationship existed between reporting Social Welfare officer and child — Whether nature and extent of fiduciary duty such that officer liable for not informing adoption Court of matters which may have resulted in a different Court decision — Whether officer could be liable when negligence absent and no intention to act contrary to child's interest or less than in good faith.

Damages — Compensatory — Exemplary — Adoption of child — Emotional harm or shock caused to natural mother by her learning of alleged breach of duty of care to son adopted out — Whether sufficient degree of proximity — Whether any policy considerations against entitlement to compensatory and/or exemplary damages.