IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV 2022-485-000369
[2023] NZHC 2271
IN THE MATTER of the New Zealand Bill of Rights Act 1990 and the Judicial Review Procedure Act 2016 BETWEEN
ALISTER REID
Applicant
AND
THE ATTORNEY-GENERAL (on behalf of The Department of Corrections) Respondent
Hearing: 26 June 2023 Appearances:
G E Minchin for the Applicant
F F Nizam and A W M Britton for the Respondent Applicant in person (via VMR)
Judgment:
22 August 2023
JUDGMENT OF TAHANA J
This judgment was delivered by me on 22 August 2023 at 9.30am Pursuant to Rule 11.5 of the High Court Rules
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
Exco Legal, Wellington
Luke Cunningham Clere, Wellington
REID v THE ATTORNEY-GENERAL (on behalf of The Department of Corrections) [2023] NZHC 2271 [22 August 2023]
INTRODUCTION
[1] Mr Alister Reid applies to judicially review the actions of the Department of Corrections (Corrections) regarding his transfer from Hawkes Bay Regional Prison (Hawkes Bay) to Rimutaka Prison (Rimutaka) on 9 March 2022. For part of the trip (from Hastings Police Station to Palmerston North Police Station), Mr Reid was transported in the same van as a female prisoner (the female prisoner) who tested positive for COVID-19. Mr Reid was subsequently placed into quarantine in Rimutaka because he was considered a close contact of the female prisoner.
[2]Mr Reid relies on four grounds of review:
(a)First, that Corrections acted unlawfully by placing the female prisoner in the van when she was positive with COVID-19 or alternatively, failing to confirm that the female prisoner had not tested positive for COVID-19 prior to being placed in the van in breach of s 75(2) of the Corrections Act 2004 (the Act).
(b)Second, that Corrections acted unlawfully by placing Mr Reid in solitary confinement but not requiring other prisoners who had travelled with Mr Reid to be placed in solitary confinement in breach of s 6(1)(f)(ii) of the Act.
(c)Third, that Corrections failed to comply with its COVID-19 procedures by failing to test the female prisoner for COVID-19 prior to her being transported with Mr Reid.
(d)Fourth, that Corrections acted unlawfully, in breach of s 29 of the Act by the Prison Inspector failing to inquire into:
(i)why Mr Reid was transported with the female prisoner when she was positive with COVID-19 or without her having been tested for COVID-19; and
(ii)why Mr Reid had not been provided with a mask while being transported.
[3] Mr Reid seeks declarations that Corrections has acted unlawfully and/or failed to comply with its COVID-19 procedures. He also seeks costs.
[4]Corrections denies each of the grounds of review and says that it acted lawfully.
BACKGROUND
COVID-19 settings
[5] In March 2022, New Zealand was operating under the COVID-19 Protection Framework (the Protection Framework), which was in place from 3 December 2021 to 13 September 2022 (and which replaced the alert level system that was in place from 21 March 2020 to 2 December 2021).1 The…
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- Case
- [2023] NZHC 2271
- Decision Date
CaseChat Overview and Summary
The court found that Corrections did not breach the Corrections Act 2004 or the Corrections Regulations 2005 in placing Mr Reid in quarantine or requiring him to wear a mask. However, Corrections did breach its own COVID-19 procedures by accepting the female prisoner for transfer without ensuring she was tested for COVID-19 and by not adhering to its policy of requiring 10 days of quarantine, instead holding Mr Reid for 11 days. The court held that Corrections' failure to provide a reasonable explanation for the delay in releasing Mr Reid from quarantine constituted a breach of its own policy.
Regarding the complaint, the court found that the Prison Inspector's response to Mr Reid's complaint was prompt and addressed the main issues raised, despite not mentioning the mask or the 10-day quarantine policy. Therefore, the Inspector did not breach the Act in handling Mr Reid's complaint.
The court declared that Corrections had failed to comply with its COVID-19 procedures and ordered that Mr Reid be awarded costs on a 2B basis. The parties were directed to file costs memoranda within specified timeframes to determine the final costs order.
Orders
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