24 Aug 2023
GORGUS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 2313
- Citation
- [2023] NZHC 2313
- Court
- High Court
Two strip searches at MECF were conducted without adequate privacy and were filmed, breaching Corrections Act requirements and amounting to unreasonable searches and demeaning, degrading treatment in breach of s21 and s23(5) NZBORA (but not reaching s9). Directed protective custody at Auckland Prison, while justified in purpose, involved prolonged periods without meaningful human contact, inadequate records of daily delegate visits and insufficient mental health follow-up, cumulatively breaching s23(5) NZBORA. The spontaneous use of force was unreasonable and s83(3) health examination obligat…
- Strip searches
- Segregation (directed protective custody)
- Use of force
- Nzbora ss 9, 21, 23(5)
- Compensation/remedies