Contents

Appendix A
Questions for submitters

Questions

Chapter 3 – Tort law and Crown liability

Q1 Do you agree with the approach of making it possible for the Crown to be directly liable in tort? Do you foresee any difficulties with this approach?
Q2 What is the best approach to take with existing provisions in other Acts that provide Crown employees with immunity if section 6(4) of the Crown Proceedings Act is repealed?
​Q3 Would repealing section 6(2) of the Crown Proceedings Act create any problems?

Chapter 4 – Relationship to public law

Q4 Should compensation claims under the New Zealand Bill of Rights Act 1990 come within the proposed Crown Civil Proceedings Bill?

Chapter 5 – Compulsory enforcement

Q5 Should the Crown be subject to compulsory enforcement remedies?

Chapter 6 – Accountability of the Crown

Q6 Do you agree that the Crown proceedings legislation should clarify that a department must meet judgments for compensation from its own appropriation? Do you foresee any problems with this approach?
Q7 Do you think that the government should be required to disclose the amount of money spent on settlements made in contemplation of litigation?
Q8 Do you prefer the option of an immunity or an indemnity from legal suit for Crown employees?
Q9 Should ministers be in the same position as Crown employees with regard to an immunity or indemnity from legal suit?

Chapter 7 – Disclosure and public interest immunity

Q10 What should the balance be between allowing the executive to make a conclusive statement that information is subject to public interest immunity and allowing the courts to consider these matters?
Q11 Should the interest of national security be approached differently to other interests?
Q12 Is there a need for a new mechanism to provide procedural safeguards for the use of sensitive information?
Q13 How could proceedings operate in order to make the sensitive information available to the court but to protect the confidentiality of that information, including the identities of intelligence officials?
Q14 Does the use of a special advocate to represent the interests of the excluded party provide sufficient protection of that party’s interests?
Q15 Do you agree that the availability of non-party discovery against the Crown should be confirmed in the new statute?
Q16 Should there be a broad definition of the Crown for the purposes of discovery?

Chapter 8 – Crown Civil Proceedings Bill and commentary

For each clause of the draft Bill:​

  • Do you agree with the policy and drafting of the provision?
  • How could the clause be improved?
Please identify which clause of the draft Bill you are commenting on.