1 Sept 2017
MITCHELL v ATTORNEY-GENERAL [2017] NZHC 2118
- Citation
- [2017] NZHC 2118
- Court
- High Court
Court held placement in the ARU amounted to de facto medical segregation but any s60 breaches were technical and de minimis; seizure of the electric jug was lawful under the Authorised Property Rules and s43 as a proportionate response to a reasonable belief of self-harm and no legitimate expectation existed to retain the jug; Transfer Decision complied with s54 mandatory considerations and was reasonable; use of force and waist restraint during transfer was authorised, proportionate and did not breach NZBORA ss9 or 23(5); overall claims dismissed.