30 Aug 2017
MITCHELL v ATTORNEY-GENERAL [2017] NZHC 2089
- Citation
- [2017] NZAR 1538
- Court
- High Court
The strip searches of the women on Fergusson Wing on 15 July 2010 were unlawful because Corrections lacked reasonable grounds and did not establish strip searches were necessary under s98 of the Corrections Act 2004; those strip searches were therefore unreasonable and breached NZBORA s21; the plaintiff had standing to bring the claim though the attempted strip search of her (carried no further than a rub-down) did not itself attract a declaration in her favour, but a declaration was warranted for those actually strip searched.