Bai-Reddy v Attorney-General

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-001858

[2024] NZHC 2433

UNDER the Judicial Review Procedure Act 2016 and the New Zealand Bill of Rights Act 1990

BETWEEN

VENKATADRI BAI-REDDY

Applicant

AND

THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF

CORRECTIONS
First Respondent

PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY

Second Respondent

VISITING JUSTICE AT AUCKLAND SOUTH CORRECTIONS FACILITY

Third Respondent

Hearing: 27 and 28 February 2024

Appearances:

G W Minchin for Applicant

L Dittrich and S L K Shaw for First Respondent
E A Boshier and M Holmes for Second Respondent Third Respondent abides the decision of the Court

Judgment:

30 August 2024


JUDGMENT OF ANDERSON J


This judgment was delivered by me on 30 August 2024 at 3.00 pm pursuant to r 11.5 of the High Court Rules 2016.

………………………………

Registrar/Deputy Registrar

Solicitors:    Meredith Connell, Auckland

Duncan Cotterill, Auckland Crown Law

Exeo Legal

BAI-REDDY v THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF CORRECTIONS [2024] NZHC 2433 [30 August 2024]

Table of contents

Para No

Statutory scheme[5]

Purposes and guiding principles[5]

Relationship of purposes and principles to management of the prison[7]

Segregation[11]

Security classifications  [16]

Prisoner accommodation[19]

Factual background[26]

Misconduct charge following 1 May 2021 incident[29]

First period of directed segregation[32]

Second period of directed segregation[41]

Further misconduct proceedings[46]

Overview of Mr Bai-Reddy’s position  [47]

Standard of review of prison decisions in judicial review[49]

First ground of review – Prison Director – illegality/procedural unfairness[53]

Ground of review[53]

Decision[56]

Second ground of review – Prison Director – procedural unfairness               [59]

Ground of review[59]

Decision[61]

Third ground of review – Prison Director – illegality  [65]

Ground of review[65]

Decision[67]

Fourth ground of review – Prison Director – “punishment regime”                [74]

Ground of review[74]

Decision[77]

Fifth ground of review – Prison Director – directed segregation order           [89]

Ground of review[89]

Decision[92]

Sixth ground of review – Attorney-General – directed segregation                [105]

Ground of review[105]

Attorney-General’s involvement and submissions[109]

Decision[127]

Seventh ground of review – Visiting Justice – Visiting Justice hearing

16 June 2021[141]

Ground of review[141]

Statutory framework[143]

Visiting Justice hearing[150]

Decision[153]

Eighth ground of review – Prison Director – illegality  [159]

Ground of review[159]

Decision[160]

Security classification aspects of sixth ground of review against the

Attorney-General [169]
Ground of review [169]
Decision [173]

Ninth ground of review – Prison Director – procedural irregularity[175]

Ground of review[175]

Decision – Requests for witnesses and evidence[185]

Decision – “Prejudicial” delay in the appeal being heard before the

Visiting Justice[189]

Tenth ground of review – Visiting Justice – Visiting Justice hearing on

7 April 2022[194]

Ground of review[194]

Decision[196]

Eleventh ground of review – Attorney-General  [200]

Ground of review[200]

Decision[203]

Twelfth ground of review – Prison Director – procedural irregularity          [205]

Ground of review[205]

Decision[206]

Thirteenth ground of review – Attorney-General – illegality  [210]

New Zealand Bill of Rights Act claims[212] Section 25(f) – Attorney-General and the Visiting Justice[221] Sections 9 and 23(5) – Attorney-General and Prison Director[223] Section 25 – Attorney-General and Prison…

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Details
Case
[2024] NZHC 2433
Decision Date

CaseChat Overview and Summary

Venkatadri Bai-Reddy brought claims against the Attorney-General on behalf of the Department of Corrections, the prison director of Auckland South Corrections Facility, and the Visiting Justice at Auckland South Corrections Facility. The Attorney-General takes the role of contradictor in respect to those claims. Bai-Reddy’s claims broadly related to management of his placement at the facility, primarily decisions made placing and keeping him on directed segregation, and complaints of how certain disciplinary processes against him were handled. Bai-Reddy brought 13 grounds of judicial review, plus three claims under the New Zealand Bill of Rights Act 1990. Bai-Reddy’s claims were dismissed. The court found that Bai-Reddy had failed to establish a material error of law or other reviewable error within the context of the legislation. The court also found that Bai-Reddy had not proved, on the balance of probabilities, that a breach of the New Zealand Bill of Rights Act 1990 had been committed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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