9 Mar 2023
GORGUS v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 450 [9 March 2023]
- Citation
- [2023] NZHC 450
- Court
- High Court
The segregation decision was lawful as a non-punitive, evidence-based prisoner management measure justified by security risks; procedural failures (delay in providing segregation paperwork and forwarding revocation request to a Visiting Justice) breached NZBORA s27 and warrant a declaratory remedy; detention conditions did not breach s23(5) or statutory minimum entitlements; no fresh private law duty of care or actionable negligence was established and damages were not appropriate.