IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2017-485-802
[2021] NZHC 1546
BETWEEN ARTHUR WILLIAM TAYLOR
Applicant
AND
ATTORNEY-GENERAL
Respondent
Hearing: 8 June 2021 Appearances:
Applicant in person
S M Kinsler and V Squires for respondent
Judgment:
25 June 2021
REASONS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON
Introduction and background
[1] In this proceeding Mr Arthur Taylor sues the Attorney-General on behalf of the Crown alleging mistreatment by the authorities during a period of imprisonment. It is unnecessary to particularise Mr Taylor’s allegations for the purposes of the present interlocutory application. Mr Taylor’s proceeding was commenced in 2019 and the interlocutory stages of the litigation have been protracted and fraught.
[2] Mr Taylor is writing a book. The book is apparently entitled Prison Break: The Extraordinary Life & Crimes of New Zealand’s Most Infamous Escapee, and is an autobiographical account of Mr Taylor’s life. I am told the book is scheduled for release in August 2021.
[3] In the course of discovery, the Crown discovered camera footage of Mr Taylor’s transfer between Auckland and Waikeria Prisons in December 2017. One
TAYLOR v ATTORNEY-GENERAL [2021] NZHC 1546 [25 June 2021]
of Mr Taylor’s allegations is that this transfer was effected by the authorities in a way which breached his rights. The footage is therefore relevant, perhaps especially so if, as he says, Mr Taylor was unconscious for much of the time.
[4] Whilst accepting that the footage is relevant and discoverable, the Crown wished to ensure that by discovering the same it did not compromise security at the prisons by revealing the layouts and positioning of CCTV cameras. That such a risk existed was obviously accepted by both parties because in a joint memorandum they sought confidentiality orders. The first paragraph of the memorandum was in the following terms:
This memorandum is jointly filed by the parties to seek confidentiality orders over CCTV footage and on body camera footage held by the Attorney-General. The orders sought relate to camera footage of the plaintiff’s transfer from Auckland Prison to Waikeria Prison on 20 December 2017 (The Confidential Footage). The defendant claims confidentiality in the Confidential Footage on the basis it contains sensitive information including the layout of the Auckland Prison and Waikeria Prison and the position of security cameras at those prisons.
[5]Thus, the parties clearly identified the rationale for the order being sought.
[6] Their memorandum went on to identify the particular camera footage and other material to which it would apply, and set out the agreed restrictions:
By consent, the parties seek the following orders:
(a)The plaintiff will provide a signed undertaking to the defendant that he will treat and maintain the Confidential Footage as confidential prior to being provided with a link that provides a streamed copy of the Confidential Footage. The Confidential Footage will be watermarked as confidential. The streamed copy of the Confidential Footage is to be viewed securely by the plaintiff and only shown to…
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- Taylor v Attorney-General [2021] NZHC 1546
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- [2021] NZHC 1546
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