Wright v Attorney-General

Case [2021] NZHC 18


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-2800

[2021] NZHC 18

BETWEEN

NICHOLAS DAVID WRIGHT

Plaintiff

AND

ATTORNEY-GENERAL sued in respect of the NEW ZEALAND POLICE

First Defendant

AUCKLAND DISTRICT HEALTH BOARD

Second Defendant

Hearing: 22 October 2020 and 17 November 2020

Appearances:

On 22 Octoberr 2020:

Plaintiff in person
Brittany Rorrison for the First Defendant
Hershla Ifwersen for the Second Defendant (to observe)

On 17 November 2020:
Plaintiff in person
Brittany Rorrison for the First Defendant (to observe)

Daniel McLellan QC and Hershla Ifwersen for the Second Defendant

Judgment:

26 January 2021


JUDGMENT OF ASSOCIATE JUDGE R M BELL (No.3)


This judgment was delivered by me on 26 January 2021 at 3:00pm

pursuant to Rule 11.5 of the High Court Rules

Solicitors:

………………………….

Registrar/Deputy Registrar

Meredith Connell, Auckland, for the First and Second Defendant

Copy for:

Nicholas David Wright, Auckland

Daniel McLellan QC, Auckland, for the Second Defendant

WRIGHT v ATTORNEY-GENERAL sued in respect of the NEW ZEALAND POLICE [2021] NZHC 18

[26 January 2021]

[1]                 This decision is about interrogatories. On 22 October 2020 I heard argument about Mr Wright’s interrogatories to the police and their answers. On 17 November 2020 I heard argument about his interrogatories to the District Health Board and its answers. This decision is given for both matters.

[2]                 Mr Wright is suing the Attorney-General in respect of the police for his arrest on 22 November 2009 and for a later arrest on 25 March 2012. For convenience I will refer to the first defendant as the police. He is suing the Auckland District Health Board for his compulsory detention and treatment as a patient under Part 1 of the Mental Health (Compulsory Assessment and Treatment) Act 1992. His claims are for breaches of his rights under the New Zealand Bill of Rights Act 1990. He does not sue in tort.

[3]                 The close of pleadings date is 21 May 2021 with a substantive hearing to begin on 4 October 2021. Mr Wright says that he wants to amend his statement of claim. Ideally there ought not to be any more interlocutory applications.

[4]                 In Mr Wright’s view there were and are systemic defects in the police and mental health services with regard to rights observance. He sees this proceeding as an opportunity to expose those failings. He wants to involve the Ministry of Health, although it was not involved in his treatment by the district health board. His proposed interrogatories are extensive and cover not only his arrests and compulsory treatment but also current practices and procedures. He misconceives how the common law works. It does not act as a wide-ranging commission of inquiry. Instead in a case about breaches of rights under the New Zealand Bill of Rights Act, it decides whether in the circumstances before the court the state breached the plaintiff’s rights and gives remedies appropriate to the breach. Its inquiry and orders do not go beyond the…

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Wright v Attorney-General [2021] NZHC 18
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[2021] NZHC 18
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CaseChat Overview and Summary

This decision concerns interrogatories in a case brought by Nicholas David Wright against the Attorney-General in respect of the New Zealand Police and the Auckland District Health Board. The proceeding is about alleged breaches of Mr Wright’s rights under the New Zealand Bill of Rights Act 1990. The issues before the court were whether Mr Wright’s interrogatories were properly drafted and, if not, which of them were necessary and relevant and should be answered. The court ruled that many of Mr Wright’s interrogatories were not properly drafted, either because they were not factual questions or because they went beyond the proper scope of the proceeding. Some of the defendants’ objections to answering interrogatories were unsound. The court required the defendants to answer some more interrogatories. The court also ordered Mr Wright to amend his statement of claim to better plead how particular rights were infringed and ordered the defendants to file statements of defence to the new statement of claim. The defendants were to file affidavits to answer some interrogatories. The court reserved leave to apply for further directions.

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