NZBORA - remedies

Question 1

nzbora remedies provision

Answer 1

it doesn’t have one

Question 2

if applying nzbora to a decision then…

Answer 2

standard jr remedies apply

Question 3

under s6 remedy the court could

Answer 3

craft a right consistent approach under s6

Question 4

what are the alternate remedies for the courts to use

Answer 4

1. exclude evidence or stay proceedings
2. award damages
3. issue a declaration of inconsistency

Question 5

what was the case that altered damages

Answer 5

baigents case or Simpson v ag

Question 6

baigents case or Simpson v ag

facts

Answer 6

police had a warrant to search a house but they had the wrong address

police were informed of the mistake but searched the house anyways

Question 7

was the baigenst case trespass

Answer 7

no it was not trespass as the police had the warrant, even tho it was for the wrong houses, so b couldn’t have sued in trespass

Question 8

held baigents case

Answer 8

none of the normal jr remedies would help the now deceased baigent and the search had already been carried out

Question 9

key takeaway in baigents case

Answer 9

monetary damages may be available where they are the only way to vindicate rights