2 Apr 2012
FORREST V THE ATTORNEY-GENERAL COA CA785/2010
- Citation
- COA CA785/2010
- Court
- Court of Appeal
The second strip search was unlawful because officers did not consider or establish the statutory necessity required by Corrections Act s98(5) (no reasonable grounds of an unauthorised item and no assessment of less intrusive options) and therefore breached s21 NZBORA; because a declaration alone would not provide effective redress given two unlawful searches in one day and the s14 factors, compensation was appropriate under the Prisoners' and Victims' Claims Act, and $600 was awarded.