Burgeoning Baigent?: A Critique of the Law commission's Analysis of Baigent's Case

Abstract

Who is responsible when a Crown entity or State enterprise breaches an individual's rights under the New Zealand Bill of Rights Act 1990?  Is the Crown or the breaching entity primarily liable, or both?  The Law Commission investigated this question in relation to liability arising out of Baigent's case.  In its report the Law Commission recommended significantly narrowing the Crown's liability to exclude State enterprises and Crown entities.  This article investigates the Law Commission's reasoning and recommendations.