Crown Liability in Tort in New Zealand

Abstract

Direct review by the Courts (e. g . by prerogative writs) of Executive acts and decisions generally provides the individual citizen with a means of overcoming for the future the adverse effects of such decisions and actions, but it does not provide any means of compensating him for detriments to his interests already caused . Such detriments will generally be those which have accrued in full by the time the decision is reviewed but may in some cases be of a continuing nature, e. g . where, because of refusal of a licence, a business opportunity is lost. Tort actions against the State on the other hand, will allow the Courts not only to examine the actions of State servants, and determine whether they conform with the Courts' view of the proper behaviour of officials but also, and principally, to compensate the individual citizen whose interests have been affected by State action. Such actions may thus furnish an indirect means of control of the Executive as well as a means of compensation for injury.