Hudson v Attorney-General [2023] NZCA 653 – Court of Appeal overturns the High Court’s refusal to judicially review a prison manager’s decision about what a prisoner could or could not read under the right to freedom of expression under s 14, New Zealand Bill of Rights Act 1990.
van Silfhout v Pathirannehelage [2023] NZSC 148 – Supreme Court rules that a victim’s claim was filed too late under the Prisoners' and Victims' Claims Act 2005 and the Limitation Acts, and that the appellant was entitled to receive all of his compensation payable by the Department of Corrections for breaches of his rights. The Supreme Court overturned the decisions of the Victims’ Special Claims Tribunal, the High Court and the Court of Appeal.
Fitzgerald v Attorney-General [2022] NZHC 2465 – High Court awards $450,000 in compensation for arbitrary detention resulting from the wrongful decision to prosecute under the Three-Strikes Law; Crown Prosecutors are bound to give effect to NZBoRA and human rights in the exercise of their powers.
Putua v Attorney-General [2022] NZHC 2277 – High Court awards compensation for court staff error in preparing a sentence order which caused an unlawful extra 33 days in prison after the sentence had expired: 3 month term made cumulative instead of concurrent (as imposed by the Judge); A-G has liability under NZBoRA for registrars’ errors, contrary to opinions by two Supreme Court Judges in Attorney-General v Chapman [2011] NZSC 110.
Cripps v Attorney-General [2022] NZHC 1532 - Use of pepper spray in the form of the “Cellbuster” in New Zealand prisons was unlawful since its inception in 2009, as the three Minister of Corrections who signed off on the regulations approving it could not have been satisfied its use was consistent with the humane treatment of prisoners.
Thompson v New Zealand Comm No 3162/2018, United Nations Human Rights Committee, Geneva - New Zealand's failure to compensate for a wrongful arrest that resulted from judicial error inconsistent with the obligations under art 9 of the International Covenant on Civil and Political Rights; Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462, (2011) 9 HRNZ 257 criticised.
Fitzgerald v R [2021] NZSC 131, [2021] 1 NZLR 551 - Three-Strikes Law to be read consistently with the Bill of Rights: the mandatory maximum sentence not required if it would be "disproportionately severe" in breach of s 9, NZBoRA.
White v Attorney-General [2021] NZCA 479 - Findings of unlawfulness of a strip search in disciplinary proceedings led to the Crown being debarred from alleging in subsequent civil proceedings that the search was lawful.
Smyth v Attorney-General [2019] NZHC 3435, [2020] 2 NZLR 423, (2019) 25 PRNZ 224 - Bill of Rights Baigent actions prior to the Limitation Act 2010 are subject to reasonable discoverability of the cause of action; arbitrary detention claim from 2007 not barred.
Prince v Corrections [2019] NZHC 3381, [2020] 2 NZLR 260, (2019) 29 CRNZ 483 - Declaration as to proper calculation of key dates of sentence under the Parole Act 2002.
Corrections v Sutherland [2018] NZCA 623, (2018) 29 CRNZ 126 - False imprisonment by failure to give credit for custody time prior to re-sentencing.
Corrections v Gardiner [2018] 2 NZLR 712 (CA) - Claim for compensation for false imprisonment not barred by Prisoners’ and Victims’ Claims Act 2005.
Attorney-General v Taylor [2017] 3 NZLR 24 (CA) - Availability of declarations of inconsistency with the Bill of Rights confirmed.
Booth v R [2017] 1 NZLR 223 (SC) - Writ of habeas corpus / wrongful imprisonment: Department of Corrections used the wrong method of calculating pre-sentence detention since 2002.
2019
Co-author, C Corns and D A Ewen, Criminal Appeals and Reviews in New Zealand, Thomson Reuters, New Zealand, 2019.
2017
Criminal litigation workflow guide for Thomson Reuters’ Westlaw platform.
2015
Civil litigation workflow guide for Thomson Reuters’ Westlaw platform.
Senior Constable Peter Winnington, with all my thanks.