The Attorney-General of New Zealand v Chapman

JurisdictionNew Zealand
CourtSupreme Court
JudgeElias CJ,McGrath,Wilson JJ
Judgment Date31 March 2010
Neutral Citation[2010] NZSC 31
Docket NumberSC 120/2009
Date31 March 2010

[2010] NZSC 31

IN THE SUPREME COURT OF NEW ZEALAND

Court:

Elias CJ, McGrath and Wilson JJ

SC 120/2009

Between
The Attorney-General of New Zealand
Applicant
and
Mervyn Chapman
Respondent

Application by A-G for leave to appeal Court of Appeal decision — approved ground whether New Zealand Bill of Rights Act 1990 damages could be ordered against A-G on behalf of Crown for breach of fair trial rights by judicial conduct in respect of which judicial officer immune from liability — application granted

Held: Approved ground was whether New Zealand Bill of Rights Act 1990 damages could be ordered against A-G on behalf of Crown for breach of fair trial rights by judicial conduct in respect of which a judicial officer was immune from liability — application granted.

JUDGMENT OF THE COURT

A The application for leave to appeal is granted.

B The approved ground is whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct in respect of which the judicial officer is immune from liability.

Counsel:
1

D B Collins QC, C C Inglis and C J Curran for Applicant

2

R E Harrison QC, A J McKenzie and K H Cook for Respondent

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3 cases
  • Siemer v Harvey and Another
    • New Zealand
    • High Court
    • 22 June 2012
    ...Minute of Doogue AJ, 2 February 2012. 2 Chapman v Attorney-General [2009] NZCA 552 , [2010] 2 NZLR 317. 3 Attorney-General v Chapman [2010] NZSC 31 4 Attorney-General v Chapman [2011] NZSC 110 , [2012] 1 NZLR 462. 5 At [194]–[195], per McGrath and William Young JJ. 6Kroma Colour Prin......
  • SC SC 120/2009
    • New Zealand
    • Supreme Court
    • 31 March 2010
    ...SUPREME COURT OF NEW ZEALAND SC 120/2009 [2010] NZSC 31 BETWEEN THE ATTORNEY-GENERAL OF NEW ZEALAND Applicant AND MERVYN CHAPMAN Respondent Court: Elias CJ, McGrath and Wilson JJ Counsel: D B Collins QC, C C Inglis and C J Curran for Applicant R E Harrison QC, A J McKenzie and K H Cook for ......
  • Siemer v Harvey & Anor
    • New Zealand
    • High Court
    • 22 June 2012
    ...compensation for alleged breaches by the judiciary of ss 25 and 27 of the New Zealand Bill of Rights Act. 3 4 Attorney-General v Chapman [2010] NZSC 31. Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR Responsibly, Mr Siemer filed a memorandum in this proceeding, ahead of a telepho......

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