21 Sept 2022
BACH v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY – SERCO [2022] NZHC 2420
- Citation
- [2022] NZHC 2420
- Court
- High Court
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.