19 Dec 2017
TE WHATU v DEPARTMENT OF CORRECTIONS [2017] NZHC 3233
- Citation
- [2017] NZHC 3233
- Court
- High Court
A blanket non-association direction by the Department of Corrections preventing the appellant from associating with his long-term partner was a disproportionate and unjustified limit on the appellant's s17 Bill of Rights freedom of association; the direction was unlawful, the resultant conviction for breaching it was a miscarriage of justice and is quashed; the prison sentence(s) imposed are quashed and the sentence for the minor theft is manifestly excessive and not replaced (time served sufficient).