IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2020-485-203
[2020] NZHC 3231
UNDER Judicial Review Procedure Act 2016 IN THE MATTER OF
An application for judicial review, the Corrections Act 2004, the Corrections Regulations 2005 and the Prison Operation Manual
BETWEEN
STEPHEN THOMAS HUDSON
Applicant
AND
THE ATTORNEY-GENERAL
(sued in respect of the Department of Corrections)
First Respondent
THE OFFICE OF THE INSPECTORATE
Second Respondent
Hearing: 9 November 2020 Appearances:
Mr Hudson in person (by AVL link) S B McCusker for the Respondents
Judgment:
8 December 2020
JUDGMENT OF GWYN J
Introduction
[1] In these proceedings, the plaintiff, Mr Hudson, who is a prisoner at Rimutaka Prison, seeks judicial review arising from decisions made by the Department of Corrections (the Department), individual staff members of the Department and the Prison Inspectorate, on and following 4 September 2019.
HUDSON v A-G [2020] NZHC 3231 [8 December 2020]
[2] The applicant says that on 4 September 2019 he became aware that the access of Unit 8 prisoners to their common areas had been changed from unlock at 8:00 am to unlock at 1:00 pm. (“Common areas” encompass the dining room, gym and recreation room, but what is at issue in this case is the access to the gym). As detailed later in this judgment Mr Hudson alleges that the decision was ultra vires the Corrections Act 2004 (the Act), including that the decision was imposed as a punishment on prisoners; and it was a breach of minimum entitlements as provided for in ss 69 and 70 of the Act. Mr Hudson’s claim also relates to the way in which his complaint about the 4 September event was subsequently treated, both by Corrections staff members and by the Office of the Prison Inspectorate.
[3] Mr Hudson has filed three affidavits in support of his application. He has also filed an affidavit from another serving prisoner in Unit 8 in support of the application. In response, the respondents have filed affidavits from each of Principal Corrections Officer Rakai Tawhiwhirangi; Senior Corrections Officer John Gavin Derwin; Residential Manager Taunu Taepa; Custodial Systems Manager Simon George Hicks and Principal Inspector for the Office of the Inspectorate, Andrew David Fitzharris.
Amended statement of claim
[4] Mr Hudson filed a statement of claim dated 4 May 2020 and the respondents responded to that claim by way of statement of defence dated 26 June 2020.
[5] Subsequently, Mr Hudson has sought to file an amended statement of claim, dated 28 October 2020. As he explains in his memorandum of 6 November 2020, Mr Hudson was not aware that the Court’s leave was required to file an amended statement of claim and, on becoming aware of that requirement, he sought leave to do so pursuant to r 7.7(1) of the High Court Rules 2016 (the Rules). The respondents opposed the filing of the amended statement of claim, noting that some of the new allegations raised in the amended claim require…
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- Hudson v Attorney-General [2020] NZHC 3231
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- [2020] NZHC 3231
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