17 Nov 2023
DUNSTAN v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2023] NZHC 3221
- Citation
- [2023] NZHC 3221
- Court
- High Court
On the evidence the plaintiff did not prove the alleged solitary confinement, torture, or breaches of statutory duties or negligence: minor issues (temporary lack of suitable breakfast and sleep disruption due to welfare checks and unfamiliarity) did not meet legal thresholds for liability under s9 BORA, Corrections Act or tort; claim dismissed.
- Section 9 new zealand bill of rights act 1990 (cruel and degrading treatment)
- Corrections act 2004 (s72 diet, s73 visits, s76 mail, s77 telephone)
- Corrections regulations 2005 (regs 83,85,87)
- Solitary confinement
- Disclosure and retention of records/cctv
- Subpoenas and witness selection