Nuku v Attorney-General

[2023] NZHC 197

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CIV-2022-463-109

[2023] NZHC 197

BETWEEN

KARL NUKU

Plaintiff

AND

THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF

CORRECTIONS

Respondent

Hearing:

On the papers

Counsel:

Applicant in person

A J Pollett for the Respondent

Judgment:

15 February 2023

JUDGMENT OF PALMER J

Solicitors/Counsel

Pollett Legal Limited, Tauranga

NUKU v DEPARTMENT OF CORRECTIONS [2023] NZHC 197 [15 February 2023]

[1]                 Mr Nuku, a serving prisoner, applies for judicial review of decisions by the Department of Corrections in relation to his Panasonic Rx-D29 stereo and, apparently, for breach of contract. Corrections opposes the claim.

[2]                 In November 2022, Mr Nuku was concerned that Corrections may destroy the stereo. He made an urgent application for an interim order preserving the stereo until final disposition of the proceedings. On 3 February 2023, Corrections consented to that order because it has undertaken to store the stereo pending resolution of the proceedings.

[3]                 I am satisfied the interim order is in the interests of justice, to preserve Mr Nuku’s position. Accordingly, by consent, I make an interim order preserving Mr Nuku’s Panasonic Rx-D29 stereo until final disposition of these proceedings.

Palmer J