Taylor v Attorney General

Case [2022] NZCA 3170


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE WHANGANUI-A-TARA ROHE

CIV-2017-485-802

[2022] NZHC 3170

BETWEEN

ARTHUR WILLIAM TAYLOR

Plaintiff

AND

ATTORNEY-GENERAL

Defendant

Hearing:

28 February–1 March; 3–4 March; 7–10 March; 14–18 March;

21–25 March; 28 March–1 April; 4–5 April; 13–14 April 2022

Counsel:

Plaintiff in Person

S M Kinsler and D M A Wiseman for Defendant

Judgment:

30 November 2022

Re-issued:               5 December 2022


JUDGMENT (No 3) OF ISAC J


TAYLOR v ATTORNEY-GENERAL [2022] NZHC 3170 [30 November 2022]

TABLE OF CONTENTS

Para No

Introduction, Structure and Legal Framework[1] Chapter 1: Directed Segregation and Conditions of Detention[46] Chapter 2: Fires[447]

Chapter 3: The Truth Newspaper Ban[518]

Chapter 4: Rehabilitation and Parole  [568]

Chapter 5: Transfer to Waikeria Prison[621]

Chapter 6: Strip Searches and Mechanical Restraints[788]

Conclusion and Summary of Results[835]

INTRODUCTION, STRUCTURE AND LEGAL FRAMEWORK

[1]                 Mr Arthur Taylor, the plaintiff, is a well-known former prisoner and prisoner rights advocate. He has made a significant contribution to the development of New Zealand’s constitutional law and brought numerous proceedings—many successful— for the benefit of others.

[2]                 This proceeding has a more personal focus. In it, Mr Taylor seeks public law damages against the Department of Corrections of $1.45 million relating to his treatment as an inmate. The claims are wide-ranging, spanning events from June 2011 until March 2018. Mr Taylor alleges serious mistreatment, designed to disrupt his legal work against Corrections and to prevent him assisting other prisoners to assert their basic rights. Except in one respect, the claims are advanced as breaches of rights and freedoms in the New Zealand Bill of Rights Act 1990.

[3]                 During the trial both parties referred to the different elements of Mr Taylor’s claims as “chapters”, and I have adopted the same term in this judgment. Each chapter represents a discrete aspect of Mr Taylor’s detention that could have been the subject of a separate judgment. As my consideration of the issues is consistent with the chapters identified by the parties, it is helpful to begin with a broad over-view:

(a)Chapter 1 relates to a period between 2011 and 2012 when Mr Taylor was placed on “directed segregation”. This had the effect of limiting his contact with other prisoners. Mr Taylor says the decisions and processes leading to his directed segregation were unlawful and for an improper purpose, and that the conditions and duration of his detention were such as to constitute both a breach of s 9 of the Bill of Rights, the prohibition on torture and cruel and inhuman treatment, and s 23(5), the positive duty to treat those in detention humanely and with respect (at [46] below).

(b)Chapter 2 relates to a series of three fires lit by another prisoner close to Mr Taylor’s cell in Auckland Prison in 2011 and 2012. Mr Taylor claims that acts or omissions of Corrections resulted both in a breach of

a duty of care in negligence, and a further breach of s 23(5) of the Bill…

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Taylor v Attorney General [2022] NZCA 3170
Case
[2022] NZCA 3170
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CaseChat Overview and Summary

Arthur William Taylor brought a claim against the Attorney-General for public law damages of $1.45 million, relating to his treatment as an inmate in New Zealand's correctional facilities. The claims spanned events from June 2011 until March 2018 and alleged serious mistreatment designed to disrupt Taylor's legal work against Corrections and to prevent him from assisting other prisoners to assert their basic rights. Taylor's claims were wide-ranging and were advanced as breaches of rights and freedoms in the New Zealand Bill of Rights Act 1990. The court considered the claims in six "chapters" and found that Taylor was entitled to relief in respect of his claims relating to directed segregation and conditions of detention, and the prohibition on Truth newspaper. The court found that Taylor's claims relating to fires, rehabilitation and parole, transfer to Waikeria Prison, and strip searches and mechanical restraints were dismissed. The court awarded Taylor $6,000 in damages for his claim relating to directed segregation and conditions of detention, and made a declaration in relation to his claim relating to the Truth newspaper ban. Costs were reserved pending further consideration.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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