GENGE v THE CHIEF EXECUTIVE DEPARTMENT OF CORRECTIONS & ANOR [2018] NZHC 1302 [5 June 2018]

GENGE v THE CHIEF EXECUTIVE DEPARTMENT OF CORRECTIONS & ANOR [2018] NZHC 1302 [5 June 2018]

The Chief Executive breached s 48(2) of the Corrections Act 2004 by failing to ensure prompt reconsideration of Mr Genge's security classification following his 13 September 2016 request; however, the reclassification did not amount to punishment and there was no breach of s 25(c) NZBORA, so the appropriate relief is a declaration of the procedural breach and disbursements reserved.

Citation
[2018] NZHC 1302
Parties
Applicant: Richard Genge; First Respondent: The Chief Executive Department of Corrections; Second Respondent: The Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 June 2018
Procedural Posture
Judicial Review / Judgment
Outcome
Declaration made that the Chief Executive did not ensure prompt reconsideration under s 48(2) of the Corrections Act 2004 following the applicant's 13 September 2016 letter; disbursements reserved.
Legal Topics
Security Classification, Reconsideration Under S 48(2) Corrections Act 2004, Procedural Propriety, NZBORA S25(c) Presumption of Innocence, Judicial Review Remedies
Administrative Law Prison Law Human Rights Law Corrections Law Security Classification Reconsideration Under S 48(2) Corrections Act 2004 Procedural Propriety NZBORA S25(c) Presumption of Innocence +1 more

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Parties

Richard Genge

Applicant

The Chief Executive Department of Corrections

First Respondent

The Attorney-General

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the prisoner was given the prompt reconsideration required by s 48(2) of the Corrections Act 2004
  2. 2 Whether reclassification to high security constituted punishment or breached s 25(c) NZBORA (presumption of innocence)
  3. 3 Whether the points assessment and procedures complied with POM and Regulations

Ratio Decidendi

The Chief Executive breached s 48(2) of the Corrections Act 2004 by failing to ensure prompt reconsideration of Mr Genge's security classification following his 13 September 2016 request; however, the reclassification did not amount to punishment and there was no breach of s 25(c) NZBORA, so the appropriate relief is a declaration of the procedural breach and disbursements reserved.

Court Disposition

Declaration made that the Chief Executive did not ensure prompt reconsideration under s 48(2) of the Corrections Act 2004 following the applicant's 13 September 2016 letter; disbursements reserved.

Orders

  • Declaration that the Chief Executive of the Department of Corrections breached s 48(2) Corrections Act 2004 by failing to ensure prompt reconsideration following the applicant's 13 September 2016 letter
  • Disbursements reserved