20 Dec 2019
TOMAR v ATTORNEY-GENERAL & MASSEY UNIVERSITY [2019] NZHC 3485
- Citation
- [2019] NZHC 3485
- Court
- High Court
All causes of action dismissed. The Corrections Act and prison operational provisions are high level and do not create private enforceable duties in the context alleged; Massey’s student contract governed only specific enrolled papers and did not obligate the University to make all courses available; the Memorandum of Understanding was not an enforceable contract conferring rights on the prisoner; no evidence supported misfeasance in public office or unlawful intent by Corrections staff; no unlawful discrimination on prohibited grounds established; no breach of NZBORA s23(5); plaintiff failed…