6 Nov 2023
BACH v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2023] NZCA 550
- Citation
- [2023] NZCA 550
- Court
- Court of Appeal
The Court held there is no statutory duty in ss 152 or 154 or the Regulations to automatically refer prisoner complaints to police or to mandate prison staff to assist in every case; no determination engaging s 27 NZBORA occurred because the complaint remained under investigation and no final decision not to involve police was made; the internal investigation was conducted fairly and within a reasonable timeframe though reg 165(1)(b) monthly notification obligations were breached; appeal dismissed.