Re Chase - [1989] 1 NZLR 325

Damages — Compensatory and punitive — Jurisdiction — Damages for the death of a person who died as a result of personal injury suffered by accident — While executing a warrant to search the deceased's flat for a shotgun and cartridges, a police officer mistakenly believed that the deceased was holding a shotgun, and shot and killed him — Personal representative of deceased's estate claimed compensatory and punitive damages from the Attorney-General — Whether claim for compensatory damages was barred by s 27 of the Accident Compensation Act 1982 — Whether the bar in s 3 of the Law Reform Act 1936, which prevented the recovery of "exemplary damages" by a deceased's estate, precluded the recovery of punitive damages.

Tort — Remedies — Declaratory judgment — While executing a warrant to search the deceased's flat for shotguns and cartridges, a police officer mistakenly believed that the deceased was holding a shotgun, and shot and killed him — Police investigated the shooting, a Queen's Counsel made a detailed report on the investigation to the Minister of Police, and the Coroner commented on the incident at the inquest — Although claims for damages were statute-barred, personal representative of deceased's estate sought a declaration impugning the conduct of the police — Whether any good purpose would be served by making a declaration — Whether a declaration should be made — Declaratory Judgments Act 1908, ss 2 and 10.