Whithair v Attorney-General - [1996] 2 NZLR 45

Constitutional law — New Zealand Bill of Rights Act 1990 — Breach — Police detention over weekend following refusal of police bail — Dominant consideration in bail refusal being police policy on domestic violence — Whether police discretion fettered — Failure to advise arrested person of nearby Court sitting — False imprisonment — Whether failure to bring arrested person before Court as soon as practicable constituted false imprisonment — Whether damages available without conscious violation, reckless indifference — Summary Proceedings Act 1957, ss 12, 18, 34, 45-46, 51 and 203 — New Zealand Bill of Rights Act 1990, ss 21 and 23 — Crimes Act 1961, ss 194, 316(5) and 319(2) — District Courts Act 1947, ss 2, 3 and 22.

Tort — Misfeasance in public office — Whether negligence or unreasonableness enough to justify cause of action — Whether malice/knowing invalidity required.

Criminal practice and procedure — Bail — Police detention over weekend following refusal of bail — Police policy on domestic violence possibly dominant consideration in bail refusal — Failure to advise arrested person of nearby Court sitting — False imprisonment — Whether breaches of New Zealand Bill of Rights Act 1990 — Summary Proceedings Act 1957, ss 12, 18, 34, 45-46, 51 and 203 — New Zealand Bill of Rights Act 1990, ss 21 and 23.