NUKU v DEPARTMENT OF CORRECTIONS [2023] NZHC 197
Because Corrections consented to store the stereo and preservation was necessary to protect the applicant's position, the Court granted an interim order preserving the Panasonic Rx-D29 stereo until final disposition of the proceedings.
Source-derived case information.
- Citation
- [2023] NZHC 197
- Parties
- Plaintiff: Karl Nuku; Respondent: The Attorney-General on behalf of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 February 2023
- Procedural Posture
- Judicial Review / Interim Application — Preservation Order Made by Consent
- Outcome
- Interim order preserved applicant's Panasonic Rx-D29 stereo until final disposition of proceedings (order made by consent)
- Legal Topics
- Judicial Review, Interim Relief, Preservation of Property, Disposal of Prisoner Property
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karl Nuku
Plaintiff
The Attorney-General on behalf of the Department of Corrections
Respondent
Procedural Posture
Judicial Review / Interim Application — Preservation Order Made by Consent
Legal Issues
- 1 Whether Corrections may destroy the applicant's Panasonic Rx-D29 stereo
- 2 Whether an interim preservation order should issue to preserve the stereo pending final determination
- 3 Allegation of breach of contract by Corrections
Ratio Decidendi
Because Corrections consented to store the stereo and preservation was necessary to protect the applicant's position, the Court granted an interim order preserving the Panasonic Rx-D29 stereo until final disposition of the proceedings.
Court Disposition
Interim order preserved applicant's Panasonic Rx-D29 stereo until final disposition of proceedings (order made by consent)
Orders
- Interim order preserving Mr Nuku's Panasonic Rx-D29 stereo until final disposition of these proceedings
Full Case Text
Judgment text and source record
1 paragraphs
NUKU v DEPARTMENT OF CORRECTIONS [2023] NZHC 197 [15 February 2023]IN THE HIGH COURT OF NEW ZEALANDROTORUA REGISTRYI TE KŌTI MATUA O AOTEAROATE ROTORUA-NUI-A-KAHUMATAMOMOE ROHECIV-2022-463-109[2023] NZHC 197BETWEEN KARL NUKUPlaintiffAND THE ATTORNEY-GENERAL ON BEHALFOF THE DEPARTMENT OFCORRECTIONSRespondentHearing: On the papersCounsel: Applicant in personA J Pollett for the RespondentJudgment: 15 February 2023JUDGMENT OF PALMER JSolicitors/CounselPollett Legal Limited, Tauranga[1] Mr Nuku, a serving prisoner, applies for judicial review of decisions by theDepartment of Corrections in relation to his Panasonic Rx-D29 stereo and, apparently,for breach of contract. Corrections opposes the claim.[2] In November 2022, Mr Nuku was concerned that Corrections may destroy thestereo. He made an urgent application for an interim order preserving the stereo untilfinal disposition of the proceedings. On 3 February 2023, Corrections consented tothat order because it has undertaken to store the stereo pending resolution of theproceedings.[3] I am satisfied the interim order is in the interests of justice, to preserve MrNuku's position. Accordingly, by consent, I make an interim order preserving MrNuku's Panasonic Rx-D29 stereo until final disposition of these proceedings.Palmer J