Thompson v Attorney-General - [2016] 3 NZLR 206

Crown — Civil liability — Tortious claims against Attorney-General for actions of judicial officer — Immunity from liability — Deputy Registrar failing to note cancellation of appellant’s sentence on Court file — Appellant arrested and detained — Whether failure to update Court file responsibility connected to the execution of judicial process — Judicature Act 1908, s 28(1).

Constitutional law — Breach of New Zealand Bill of Rights Act 1990 — Whether breach of right not to be arbitrarily arrested or detained — Deputy Registrar failing to note cancellation of appellant’s sentence on Court’s file — Appellant arrested and detained — Whether issue of warrant unlawful — Whether arrest and detention arbitrary — Crimes Act 1961, s 26(3).

Constitutional law — Crown immunities and privileges — Claim against Attorney-General for breach of New Zealand Bill of Rights Act 1990 — Whether claim able to be made — Deputy Registrar failing to note cancellation of appellant’s sentence on Court’s file — Causation — Application of Attorney-General v Chapman — New Zealand Bill of Rights Act 1990, ss 22, 25(h) and 27(1).