Appeal by Attorney-General against High Court judgment awarding public law damages to respondents arising out of disclosure failures in criminal proceedings – approach to assessing NZBORA liability for disclosure breaches: is an intention to withhold by the prosecutor required? – was the High Court correct to award public law damages in this case?

Attorney-General v Morrison [2025] NZCA 240

In March 2014, the Financial Markets Authority filed criminal charges against Lance Morrison, Richard Blackwood and four other men associated with the collapse of two finance companies, including Paul Bublitz. All pleaded not guilty in September 2014 and a trial was scheduled to commence in February 2016.

After earlier completing initial disclosure, the FMA said in August 2015 that it had completed full disclosure pursuant to s 13 Criminal Disclosure Act 2008 (the Act).