New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Prisoner-on-prisoner violence
  • 17 Dec 2020

    A v ATTORNEY-GENERAL [2020] NZHC 3401

    Citation
    [2020] NZHC 3401
    Court
    High Court

    Corrections owes prisoners a common law duty to take reasonable care to protect them from other prisoners where there is a conspicuous and specific foreseeable risk; that duty was breached in relation to the third assault (10 June 2017) because staff allowed victim and known assailant unsupervised contact in the yard despite prior assault and insufficient active supervision; the breach caused the injuries; exemplary damages not warranted; BORA ss 9 and 23(5) not breached.