When Power Goes Wrong: The Liability & Remedy Ledger

The governing rule“The Government acted unlawfully” is only the beginning. Liability, remedy and enforcement are separate legal questions. A claimant can be right about unlawfulness and still fail because the wrong defendant was sued, an immunity applies, ACC bars compensatory damages, time has expired, or the remedy sought is unavailable against the Crown.

Part 01 · ThresholdCan the Crown actually be sued? ↗

Crown Proceedings Act, Attorney-General, and the Bill of Rights right to civil proceedings against the Crown.

Part 02 · TortWhen is the Crown liable for a public official’s wrong? ↗

Vicarious Crown liability, statutory duties, servants and agents.

Part 03 · Personal liabilityCan the official be sued personally? ↗

Personal causes of action, good-faith statutory immunity and when the Crown may remain exposed.

Part 04 · FaultNegligence versus misfeasance in public office. ↗

Why a serious government error is not automatically deliberate abuse of public power.

Part 05 · PoliceWhat remedies exist for unlawful Police search, detention or arrest? ↗

Tort, NZBORA, Baigent damages and the difference between criminal-process and civil remedies.

Part 06 · Judicial reviewIf a decision is unlawful, what can judicial review actually do? ↗

Interim relief, setting aside decisions, declarations and reconsideration.

Part 07 · Rights remediesWhen does a Bill of Rights breach produce damages? ↗

Baigent, declarations, Taylor, Chapman and the modern vindication approach.

Part 08 · Crown-specific limitsWhy can’t the ordinary remedies always be ordered against the Crown? ↗

Crown Proceedings Act s 17 and declaratory substitutes.

Part 09 · Personal injuryWhat does ACC block—and what can still be claimed? ↗

Section 317 damages bar, property/contract distinctions and exemplary damages.

Part 10 · ImmunityWho is immune from civil liability? ↗

Judges, good-faith public servants and Crown-entity office holders.

Part 11 · Public bodiesCan councils and Crown entities be liable in their own right? ↗

Corporate statutory defendants, negligence and entity/member separation.

Part 12 · TimeCan limitation defeat a claim that is otherwise correct? ↗

Six years, late knowledge, longstop rules and the 2026 Daisley warning.

Part 13 · EnforcementWhat happens after you win against the Crown? ↗

No ordinary execution; statutory certificate and Crown satisfaction process.

Part 14 · Non-court accountabilityWhat can an Ombudsman do that a court cannot—and vice versa? ↗

Recommendations, maladministration, legality and the limits of complaint remedies.

Part 15 · SynthesisThe Remedy Matrix: wrong → defendant → cause → immunity → forum → remedy. ↗

A practical legal-accountability map for testing public power.

Who Pays? · Parts 16–25

The second ledger follows the financial consequence after liability or settlement is identified: approval authority, public-money source, Crown Law oversight, legal costs, discretionary compensation, indemnities and whether payment actually admits liability.

Part 16 · ApprovalWho actually authorises a government settlement payment? ↗

Chief executive, appropriation Minister or Cabinet depending on amount and payment type.

Part 17 · ClassificationDamages, compensation, settlement and ex gratia: are they the same? ↗

No. Each payment category rests on a different legal basis.

Part 18 · Public moneyWhere does the money legally come from? ↗

Public Finance Act appropriations and statutory spending authority.

Part 19 · Crown LawWho controls Crown litigation and settlement strategy? ↗

Law Officers, Crown Law, departments and financial approval operate on separate but connected authority lines.

Part 20 · CostsIf you win, does Government pay all your legal costs? ↗

Usually not automatically: scale costs, increased costs and indemnity costs are distinct.

Part 21 · Wrongful convictionWho pays when a conviction is quashed but no ordinary damages right exists? ↗

Cabinet's discretionary ex gratia compensation scheme.

Part 22 · Officer indemnityWho pays when a Crown-entity officer is sued? ↗

Good-faith indemnity and insurance rules, with express limits.

Part 23 · Crown indemnitiesCan the Crown promise in advance to meet someone else's liability? ↗

Public Finance Act authority for Crown guarantees and indemnities.

Part 24 · AdmissionDoes a payment or settlement mean the Crown admitted liability? ↗

Read the governing instrument: judgment, settlement and ex gratia payment have different effects.

Part 25 · SynthesisThe Who Pays Matrix. ↗

Liability ledger + financial ledger: who owes, who approves, what funds it, and what the payment legally means.

Evidence & Proof Ledger · Parts 26–35

This layer converts allegation into proof: standard of proof, digital records and metadata, OIA, discovery, privilege, hearsay, experts, mental-state evidence, causation and loss, and preservation of missing records.

Part 26 · StandardWhat standard of proof applies? ↗

Balance of probabilities, serious allegations and evidential cogency.

Part 27 · Digital recordsWhat makes an email, file, screenshot or metadata trail usable evidence? ↗

Relevance, provenance, authenticity and technical-process evidence.

Part 28 · OIAHow far can the Official Information Act take you before litigation? ↗

Internal rules, reasons, briefings and decision-chain evidence.

Part 29 · DiscoveryWhat changes once discovery is available? ↗

Compulsory disclosure of helpful and harmful documents, tailored by issue and proportionality.

Part 30 · PrivilegeWhat can be withheld as privileged—and what is merely confidential? ↗

Legal-advice, litigation and settlement privilege, waiver and challenge.

Part 31 · HearsayWhen can records be used if the author does not testify? ↗

Hearsay exceptions, business records and documentary evidence.