7 Nov 2013
VOGEL v ATTORNEY-GENERAL & Ors CA171/2012 [2013] NZCA 545
- Citation
- [2013] NZCA 545
- Court
- Court of Appeal
The Court held the Visiting Justice exceeded statutory authority by imposing 21 days' cell confinement contrary to s33(3)(g); that the unlawful additional confinement on a vulnerable prisoner breached the Crown's positive duty under s23(5) NZBORA (lack of humanity and respect for dignity), but the treatment did not meet the threshold for breach of s9; regulatory breaches were made but not causative of the s23(5) breach; damages were precluded by the Prisoners' and Victims' Claims Act; declaratory relief and costs were appropriate.
- Solitary confinement
- Bill of rights act s23(5)
- Cruel and inhuman treatment s9
- Penal institutions act s33(3)(g)
- Penal institutions regulations breaches
- Remedies – declaration and damages