14 Dec 2022
KUMAR v THE CHIEF EXECUTIVE, ARA POUTAMA AOTEAROA DEPARTMENT OF CORRECTIONS [2022] NZHC 3414
- Citation
- [2022] NZHC 3414
- Court
- High Court
Court found Corrections acted arbitrarily in failing to send two of the applicant's outgoing letters recorded in the unit register but absent from the general and prison withheld-mail registers, resulting in an unreasonable infringement of the applicant's s14 NZBORA right; by contrast Corrections lawfully withheld two other items under s108 on security/safety grounds, and failure to record a withheld item in the prisoner's property register contravened internal policy though that policy is not a statutory obligation.