When Power Goes Wrong · Liability & Remedy Ledger · Part 15
The Remedy Matrix: wrong → defendant → cause → immunity → forum → remedy.
The final audit converts the series into a repeatable method. Public-law accountability fails when these stages are collapsed: unlawfulness does not identify the defendant, liability does not identify the remedy, and a remedy does not guarantee enforceability.
The full series shows that “they broke the law” is not yet a complete legal claim.
1 · Identify the actWhat exactly happened? Who did it? On what date? Under what claimed power?
2 · Identify the legal wrongUltra vires decision, procedural unfairness, negligence, false imprisonment, trespass, misfeasance, NZBORA breach, statutory breach or another recognised cause?
3 · Identify the defendantCrown/Attorney-General, council, Crown entity, officer personally, private contractor, or more than one?
4 · Test immunityDoes a statutory, judicial or good-faith immunity protect the individual? Does Crown/entity liability survive?
5 · Test barsACC, limitation, statutory finality, exclusive appeal routes, settlement releases or jurisdictional restrictions.
6 · Choose forumHigh Court judicial review, ordinary civil claim, District Court, specialist court/tribunal, Ombudsman or other statutory complaint body.
7 · Choose remedySet aside, declaration, reconsideration, injunction where available, damages, public-law compensation, exemplary damages, costs, apology/recommendation or statutory payment.
8 · Test enforcementCan the order be executed normally, or does a Crown-specific satisfaction process apply?
Series conclusion.Liability in public law is modular. The actor, cause of action, immunity, forum, remedy and enforcement mechanism must each be proved independently. That is why some apparently obvious wrongs fail in court—and why some carefully framed claims succeed even against powerful public institutions.
The Crown Proceedings Act makes the Crown suable and tort-liable in defined circumstances. Judicial review controls legality. NZBORA can support declarations and, where needed, public-law damages. ACC can remove compensatory personal-injury damages. Immunity can protect the officer without legalising the act. Limitation can defeat an otherwise valid claim. Crown judgments are satisfied through special statutory machinery.
The forensic rule is: never ask only “was it wrong?” Ask “what legal consequence follows from this wrong, against this defendant, in this forum, at this time?”