Attorney-General v Morrison

Case [2025] NZCA 240


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA423/2023
 [2025] NZCA 240

BETWEEN

ATTORNEY-GENERAL
Appellant

AND

LANCE DAVID MORRISON
First Respondent

AND

RICHARD TIMOTHY BLACKWOOD
Second Respondent

Hearing:

13 February 2025

Court:

Katz, Ellis and Collins JJ

Counsel:

A M Powell and R E R Gavey for Appellant
Respondents in person
A S Butler KC as counsel to assist the Court

Judgment:

13 June 2025 at 10 am

JUDGMENT OF THE COURT

AThe appeal is dismissed.

BThe appellant must pay each of the respondents costs at the appropriate daily recovery rate for a party acting in person on a band A basis together with usual disbursements, in respect of steps taken on or after 1 September 2024.

____________________________________________________________________

REASONS OF THE COURT

(Given by Collins J)

Table of Contents

Para No

Introduction
The prosecution of the respondents
Costs awards

Costs under the CPA and CDA
Costs under the CCCA

Public law breaches of fair trial rights
The public law damages award
Grounds of appeal
Respondents’ submissions
Analysis
The correct approach to assessing NZBORA liability for the Crown’s failure to comply with its disclosure obligations

Our reasons for preferring the minority approach in Henry
The award of public law damages

Public law damages for undue delay in the retrial
Quantum
Result

[1]
[4]
[23]
[24]
[28]
[40]
[45]
[69]
[74]
[75]

[76]
[82]
[88]
[94]
[98]
[99]

Introduction

[1]The principal issues raised by this appeal are encapsulated in the following questions:

(a)Did the High Court err when it awarded both Mr Morrison and Mr Blackwood (the respondents) $10,000 by way of public law damages pursuant to the New Zealand Bill of Rights Act 1990 (the NZBORA) for breaches of their fair trial rights when the Crown failed to disclose a large number of relevant documents thereby forcing the abandonment of their trial nine months after it commenced?[1]

(b)Did the High Court also err when it awarded Mr Blackwood an additional $5,000 in public law damages in response to the undue delays in having his retrial heard?[2]

[2]These issues arise in the context of the High Court having previously made costs awards to the respondents under the Criminal Procedure Act 2011 (the CPA) as a result of breaches of the Criminal Disclosure Act 2008 (the CDA), and under the Costs in Criminal Cases Act 1967 (the CCCA).[3]  We explain the relevant provisions of those Acts at [23]–[39]. 

[3]The essence of the Attorney-General’s appeal is that public law damages should not have been awarded because:

(a)such awards should be reserved for egregious and intentional instances of withholding of information by the prosecution;

(b)the disclosure breaches were adequately rectified and otherwise addressed by the criminal justice system including by way of halting the first trial and the awards made under the CPA and the CCCA; and

(c)it was not appropriate to award Mr Blackwood such damages for the undue delay in his retrial.

The prosecution of the respondents

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AGLC
Attorney-General v Morrison [2025] NZCA 240
Case
[2025] NZCA 240
Decision Date

CaseChat Overview and Summary

In Attorney-General v Morrison, the Court of Appeal dismissed an appeal by the Attorney-General against a High Court judgment that awarded public law damages to the respondents for breaches of their fair trial rights under the New Zealand Bill of Rights Act 1990. The respondents, Lance David Morrison and Richard Timothy Blackwood, were originally prosecuted for charges related to the collapse of two finance companies, Viaduct Capital Ltd and Mutual Finance Ltd. The prosecution against them was marred by significant disclosure failures by the Financial Markets Authority, which led to the abandonment of the first trial. The High Court awarded costs to the respondents under the Criminal Procedure Act 2011 and the Costs in Criminal Cases Act 1967. It also awarded public law damages, finding that the Crown's failure to disclose relevant documents breached the respondents' rights to a fair trial and to be tried without undue delay. The Court of Appeal upheld the High Court's award of public law damages, rejecting the Attorney-General's arguments that such damages should only be awarded in egregious cases and that the respondents had already been sufficiently compensated by the earlier costs awards. The appeal was dismissed, and the Attorney-General was ordered to pay the respondents' costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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