Thompson v Attorney-General

Case [2016] NZCA 215


For a Court ready (fee required) version please follow this link

IN THE COURT OF APPEAL OF NEW ZEALAND

CA590/2014
[2016] NZCA 215

BETWEEN

CAMILLE IRIANA THOMPSON
Appellant

AND

THE ATTORNEY-GENERAL
Respondent

Hearing:

24 February 2016

Court:

Wild, French and Cooper JJ

Counsel:

H A Cull QC and D A Ewen for Appellant
S M Kinsler and A C Walker for Respondent

Judgment:

23 May 2016 at 3.30 pm

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Cooper J)

Table of Contents

Para No
Introduction  [1]
Facts  [6]
High Court judgment  [14]
The arguments on appeal  [23]
Crown immunity  [24]
     Ms Thompson’s submissions  [24]
     The Attorney-General’s submissions  [26]
     Consideration  [28]
Bill of Rights Act  [47]
     Ms Thompson’s submissions  [48]
     The Attorney-General’s submissions  [58]
     Consideration  [61]
Result  [79]

Introduction

  1. The appellant, Camille Thompson, failed to appear in the Wellington District Court on a day when an application by a probation officer for cancellation of a sentence of community work previously imposed on her was called.  Unbeknown to the Judge, the application for cancellation of the sentence had previously been dealt with and the sentence cancelled.  A warrant for Ms Thompson’s arrest was issued by the Judge and executed by the police.  When she was brought before the Court the following day, having been detained for over 15 hours, the duty solicitor successfully applied for her release. 

  2. Ms Thompson advanced four tortious claims in the High Court alleging respectively false imprisonment, breach of statutory duty, negligence and a claim for “systemic negligence”.  A fifth cause of action alleged breach of her rights under s 22 of the New Zealand Bill of Rights Act 1990 (Bill of Rights Act) not to be arbitrarily arrested or detained.

  3. The claims were made against the Attorney-General on the basis of alleged vicarious responsibility for the omission of a Deputy Registrar serving in the Wellington District Court’s bail room to note the cancellation of the sentence on the Court’s file in circumstances discussed below.  There was no claim against the Attorney-General for breaches of the Bill of Rights Act as a result of judicial error.

  4. All Ms Thompson’s claims were rejected by the High Court.[1]  She now appeals, alleging that Mackenzie J erred when he held:

    (a)the Attorney-General was immune from liability in tort by virtue of s 6(5) of the Crown Proceedings Act 1950;

    (b)there was an insufficiently proximate relationship between Ms Thompson and the Registrar to give rise to a duty of care;

    (c)there was no negligent act or omission; and

    (d)Ms Thompson had not been unlawfully detained.

    [1]Thompson v Attorney-General [2014] NZHC 2333, (2014) 10 HRNZ 51 [High Court judgment].

  5. The appeal raises issues concerning the proper interpretation of s 6(5) of the Crown Proceedings Act, and the barrier it erects to proceedings against the Crown in respect of acts or omissions by those discharging responsibilities of a judicial nature or in connection with the execution of judicial process. We also consider the extent of…

Continue reading Thompson v Attorney-General

Sign in free to access the full text

Details
AGLC
Thompson v Attorney-General [2016] NZCA 215
Case
[2016] NZCA 215
Decision Date

CaseChat Overview and Summary

In Thompson v Attorney-General, Camille Thompson sought damages against the Attorney-General for her unlawful arrest and detention. Thompson's arrest followed the failure of court staff to update the electronic case management system to reflect that a judge had cancelled an application to review a sentence previously imposed on Thompson. When Thompson failed to appear in court on the scheduled hearing of the review application, a warrant for her arrest was issued and executed. Thompson brought claims for false imprisonment, breach of statutory duty, negligence, and breach of her rights under s 22 of the New Zealand Bill of Rights Act 1990. The High Court dismissed all claims. On appeal, the Court of Appeal considered two issues: whether the Crown was immune from liability in tort under s 6(5) of the Crown Proceedings Act 1950, and whether Thompson's detention was arbitrary. The Court of Appeal dismissed the appeal, holding that the Crown was immune from liability for the failure of court staff to update the electronic case management system, and that Thompson's detention was not arbitrary because it was pursuant to a warrant issued by a judge. The Court of Appeal considered that even if the warrant was issued in error, the arrest and detention were not arbitrary because the police acted pursuant to the warrant.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.