17 Dec 2020
A v ATTORNEY-GENERAL [2020] NZHC 3401
- Citation
- [2020] NZHC 3401
- Court
- High Court
Corrections owes prisoners a common law duty to take reasonable care to protect them from other prisoners where there is a conspicuous and specific foreseeable risk; that duty was breached in relation to the third assault (10 June 2017) because staff allowed victim and known assailant unsupervised contact in the yard despite prior assault and insufficient active supervision; the breach caused the injuries; exemplary damages not warranted; BORA ss 9 and 23(5) not breached.