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24 September accepted action Appeal application appointed approach arrest Auckland Australia authority bank Bill of Rights breach circumstances claim Commission Committee common common law concerned Conference consideration considered constitutional continued contract Council Court Court of Appeal Crown decision defendant discussion duty effect established evidence example existence expressed fact further give given held High Court House human important interest involved issue Judge judgment judicial Justice land lawyers legislation limited matter means Minister nature noted NZLR officer Parliament particular parties person political position possible practice present principle problem protection question reasonable recent reference relating relationship relevant remedies respect responsibility result rule Society statute statutory suggested tort trust United University Wellington Zealand