8 May 2023
The Court exercised its discretion to admit the appellant's further affidavit because dismissing part of his claim for reasons not raised in the pleadings or evidence would be unfair; the question whether there was a statutory duty to refer to police was not decided and the further evidence was allowed so the issue can be addressed on appeal.
21 Sept 2022
No reviewable breach of the Corrections Act or Regulations or of s27 NZBORA was made out in relation to the investigation of the staff-related complaint; the only procedural breach found was failure to provide monthly written progress notices under reg165(1)(b), which did not amount to a breach of natural justice or render the investigation unlawful; there is no statutory duty to refer complaints to Police and the mail delay claim failed because the Act defines "mail" to exclude emails and the delay did not establish unfairness under s27; application for judicial review dismissed.
30 Nov 2018
Court accepted respondent's concession that the use of pseudonyms breached s27 NZBORA but found no breach of s14 or s16 NZBORA. Relief beyond that already provided in Chief Executive of MSD v L was unnecessary: no declaration was required given existing precedent and remedial steps taken, mandamus/mandatory injunction was either unavailable or unnecessary, and public law damages were not merited because the conduct was not egregious and effective remedies (including merits appeals to the SSAA) addressed prejudice.