Contact details

Mob: 027 280 1820

Email: douglas@brandonst.co.nz

Douglas Ewen

Notable Cases

Thompson v New Zealand Comm No 3162/2018, United Nations Human Rights Committee, Geneva - New Zealand's failure to compensate for a wrongful arrest that resulted from judicial error inconsistent with the obligations imposed by the International Covenant on Civil and Political Rights; Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462, (2011) 9 HRNZ 257 criticised.

Fitzgerald v R [2021] NZSC 131 - Three-Strikes Law inconsistent with the Bill of Rights.

White v Attorney-General  [2021] NZCA 479 - the failure to prove lawfulness of a strip search in disciplinary proceedings led to the Crown being debarred from defending subsequent civil proceedings on the basis the search was lawful.

Smyth v Attorney-General [2019] NZHC 3435, [2020] 2 NZLR 423, (2019) 25 PRNZ 224 - Bill of Rights Baigent actions are subject to reasonable discoverability of the cause of action prior to the Limitation Act 2010.

Prince v Corrections [2019] NZHC 3381, [2020] 2 NZLR 260, (2019) 29 CRNZ 483 - Declaration as to proper calculation of key dates of sentence under the Parole Act 2002.

 

Corrections v Sutherland [2018] NZCA 623, (2018) 29 CRNZ 126 - false imprisonment by failure to give credit for custody time prior to re-sentencing.

Corrections v Gardiner [2018] 2 NZLR 712 (CA) - compensation for false imprisonment.

Attorney-General v Taylor [2017] 3 NZLR 24 (CA) - declarations of inconsistency with the Bill of Rights.

Booth v R [2017] 1 NZLR 223 (SC) - writ of habeas corpus / wrongful imprisonment..

​Publications

​C. Corns and D. Ewen, Criminal Appeals and Reviews in New Zealand (Thomson Reuters, Wellington, 2019).