IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2021-485-157 to 166
CIV-2021-485-169 to 174
[2022] NZHC 1500
BETWEEN LEON CHARLES HURITU AND OTHERS
Plaintiffs
AND
THE ATTORNEY-GENERAL
First Defendant
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
Second Defendant
Hearing: 23 June 2022 Appearances:
J Mason and N Thrupp for Plaintiffs
D Jones and I McGlone for Defendants
Judgment:
27 June 2022
JUDGMENT OF ISAC J
[Application to adjourn trial]
Introduction
[1] Sixteen former and current inmates have brought proceedings against the defendants asserting serious violations of their fundamental human rights. Their claims relate to a period when the plaintiffs were imprisoned at Waikeria Prison, until a riot1 and fire destroyed part of that prison, and their subsequent treatment in other Department of Corrections facilities. The principal relief they seek are damages.
[2] A three-week trial starting on 12 September 2022 has been allocated to deal with some of the claims of six of the plaintiffs. The remaining ten plaintiffs, and the
1 I use the term “riot” in this judgment in its colloquial rather than legal sense.
HURITU AND OTHERS v THE ATTORNEY-GENERAL [2022] NZHC 1500 [27 June 2022]
balance of the claims of the six-September plaintiffs, will require a lengthy fixture at a later date.
[3] All 16 plaintiffs also face a criminal trial scheduled to commence in March 2023. The charges relate to their alleged involvement in the riot and, therefore, overlap to some extent with the events raised in their civil proceedings.
[4] The defendants have applied to adjourn the September fixture so that it can proceed after the criminal trial has been completed. In the alternative, they seek a modification to the timetable and a delay in the commencement of the hearing of two weeks. The September-plaintiffs oppose an adjournment. They say the issues for determination are urgent and the defendants are dragging their feet.
Procedural history
[5] Statements of claim by 16 plaintiffs were filed on 31 March 2021. Given their claims are closely related they have been case-managed together.
[6] Initially, the plaintiffs did not pursue a discovery order and instead made requests under the Official Information Act 1982 and the Privacy Act 2020 for material held by the defendants relevant to their civil claims.
[7] Unhappy with the outcome of the disclosure under those enactments, the plaintiffs requested a standard discovery order as recently as 30 March 2022.
[8] In a minute of 31 March 2022, Cull J directed the defendants to commence the process of providing unredacted confidential versions of documents which had been previously provided to the plaintiffs (in redacted form) pursuant to their Official Information and Privacy Act requests. Subsequently, on 1 April 2022, the plaintiffs sent a tailored discovery request to the defendants.
[9] By June this year, the defendants were increasingly in default of the discovery orders made by the Court. This was exacerbated by the unexpected loss of access to the document management programme the defendants had…
Continue reading Huritu v Attorney-General
Sign in free to access the full text
- AGLC
- Huritu v Attorney-General [2022] NZHC 1500
- Case
- [2022] NZHC 1500
- Decision Date
CaseChat Overview and Summary
The court considered three key issues: the risk of prejudice created by the civil proceeding occurring before the plaintiffs' criminal trial, whether the September claims were representative of the remaining claims, and whether the matters for determination in September were urgent. The court found that proceeding with the September hearing would likely prejudice the plaintiffs' fair trial interests, given the overlap between the civil and criminal proceedings. The court also found that the September claims were not representative and that proceeding with a limited trial would not resolve any of the proceedings for any of the plaintiffs. Finally, the court found that the plaintiffs' claims, as currently pleaded, were not urgent as they sought damages for past treatment rather than a challenge to their current conditions of detention.
The court concluded that it was no longer in the interests of justice to proceed with a hearing in September, as the pleadings had not been settled, discovery had not been completed, and the trial was less than three months away. The court ordered a twelve-week trial commencing on 14 August 2023 to determine all claims by all plaintiffs, and a further case management conference in late July for counsel to confer in relation to appropriate timetabling directions to ready the proceedings for trial. The court emphasised that no one was to blame for the current position, as the parties and the court had earnestly sought to preserve the three-week fixture allocated the previous year, despite the complexities and risks that existed.
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.