IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2018-485-409
[2019] NZHC 1727
UNDER THE Judicial Review Procedure Act 2016 BETWEEN
PETER JOHN HARTLEY
Applicant
AND
THE ATTORNEY-GENERAL SUED IN RESPECT OF THE DEPARTMENT OF CORRECTIONS
First Respondent
THE PRISON DIRECTOR OF RIMUTAKA PRISON
Second Respondent
Hearing: 29 April 2019
30 May 2019 – further submissions for the Respondents 7 June 2019 – submissions in reply for the Applicant
Appearances:
Applicant self-represented via AVL from Christchurch Prison R S May for First and Second Respondents
Judgment:
22 July 2019
JUDGMENT OF CULL J
[1] Mr Hartley, the applicant, is currently a prisoner at Christchurch Men’s Prison. He applies for judicial review of the Department of Corrections’ decisions denying him access to certain litigation facilities, both historically and currently. Mr Hartley seeks directions from the Court for access to computer facilities which will enable him to work safely and protect his data.
HARTLEY v ATTORNEY-GENERAL SUED IN RESPECT OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 1727 [22 July 2019]
Background
[2] Mr Hartley was convicted of 18 counts of sexual offending against six teenage complainants and one count of making an intimate video recording.1 Mr Hartley appealed his convictions and his sentence of preventive detention. The Court of Appeal upheld his convictions but allowed his sentence appeal, substituting the preventive detention sentence with a sentence of 14 years’ imprisonment with a minimum period of imprisonment of 50 percent.2 Mr Hartley intends to appeal that decision to the Supreme Court. Before that, he intends to apply to seek leave from the Court of Appeal to adduce fresh evidence in respect of his convictions and raise further appeal grounds in the Court of Appeal.
[3] Over the course of his incarceration at Christchurch Men’s Prison and previously at Rimutaka Prison, Mr Hartley has made several requests to prison managers for access to certain litigation facilities and has been denied them. To understand the background of this claim, I will canvass Mr Hartley’s access to litigation facilities, first at Rimutaka Prison and secondly at Christchurch Men’s Prison.
Mr Hartley’s Access to Litigation Facilities
At Rimutaka Prison
[4] While a sentenced prisoner at Rimutaka Prison, Mr Hartley made an application to the Department of Corrections (Corrections) for access to a computer to assist with litigation. At the time, he was a defendant in three High Court trials and had lodged an appeal in relation to his criminal convictions and sentence. Mr Hartley’s application was declined by the Prison Director on the basis that an electric typewriter was adequate to meet his needs, and that access to a computer would not be consistent with the maintenance of the safety and security of the prison.
1 R v Hartley HC Wellington CRI-2010-085-4305, 29 March 2012.
[5] Mr Hartley lodged a complaint with the Ombudsman on 14 May 2012 requesting an investigation into the reasonableness of Corrections’ decision to decline his…
Continue reading Hartley v Attorney-General
Sign in free to access the full text
- AGLC
- Hartley v Attorney-General [2019] NZHC 1727
- Case
- [2019] NZHC 1727
- Decision Date
CaseChat Overview and Summary
The Court noted that the Ombudsman had previously found Corrections’ decision to deny Mr Hartley computer access unreasonable and that Corrections had since taken steps to fulfil its obligations under the relevant regulation by making available a Secure Online Learning (SOL) suite for the purposes of prisoners who can access computer facilities for litigation purposes. The Court found that the SOL suite provided adequate facilities for Mr Hartley. The Court considered that there were adequate measures in place to protect Mr Hartley’s data and that the Crown, as a party to Mr Hartley’s proceedings, had an obligation to conduct itself as a model litigant. The Court was satisfied that Mr Hartley had “adequate facilities” to prepare for his litigation. The application for review was declined.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
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
Full text does not contain this section.