Toia v Prison Manager, Auckland Prison - [2015] NZCA 624

IN THE COURT OF APPEAL OF NEW ZEALAND

CA292/2014
[2015] NZCA 624

BETWEEN	PAKI TOIA Appellant
AND	PRISON MANAGER, AUCKLAND PRISON First Respondent
DEPARTMENT OF CORRECTIONS Second Respondent
THE ATTORNEY-GENERAL Third Respondent

Hearing:	3 November 2015
Court:	Ellen France P, French and Winkelmann JJ
Counsel:	C J Tennet for Appellant A M Powell and J Inkster for Respondents
Judgment:	18 December 2015 at 12.00 pm

JUDGMENT OF THE COURT

The appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

Introduction

Mr Toia is a sentenced prisoner in Auckland Prison. He issued proceedings in the High Court at Auckland against the prison authorities and the Attorney‑General, claiming the way he was treated in the maximum security wing of the prison between 2010 and 2012 breached his rights under the New Zealand Bill of Rights Act 1990 (Bill of Rights Act).[1] Mr Toia sought various remedies, including damages.
[1]The statement of claim also pleaded three other causes of action in negligence, breach of statutory duty and breach of international conventions.
The claim was heard by Brewer J.[2] The Judge found the prison authorities had committed two breaches of the Corrections Act 2004 and one breach of the Corrections Regulations 2005. The Judge also identified three other concerns he had about the way Mr Toia was treated but which, in his assessment, did not amount to actionable breaches.
[2]Toia v Prison Manager, Auckland Prison [2014] NZHC 867.
In relation to the breaches the Judge did find proven, he held that neither s 9 nor s 23(5) of the Bill of Rights Act was engaged and that Mr Toia was not entitled to any monetary compensation. The Judge did, however, issue a declaration in respect of one of the three breaches he found established under the Corrections legislation.
Mr Toia now appeals that decision.

Discussion

Mr Toia is classified as a maximum security prisoner and at all material times was held in the maximum security wing of Auckland Prison. His claim related to events that took place at the prison in two distinct periods of time. The two periods were:
(a)14 January 2010 – 25 January 2010, when Mr Toia was confined in the wing’s At Risk Unit.
(b)23 December 2010 – 10 February 2012, when Mr Toia was held in the wing’s D Block.
The factual issues and the grounds of appeal relating to the two periods differ. It is therefore convenient to address each separately.

The At Risk Unit

In 2009 and early 2010 Mr Toia was held in B Block in the maximum security wing. The fronts of the cells in the wing are open-grilled bars. Each cell has a lavatory and hand basin. Prisoners would hang a blanket over the front of the cell when they went to the toilet, in order to have privacy. This practice was tolerated by the prison officers.
Mr Toia, however, took to screening his cell front all of the time, not just when he wanted to use the lavatory.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] NZCA 624
Decision Date: 18 December 2015 at 12.00 pm

CaseChat Overview and Summary

In Toia v Prison Manager, Auckland Prison, Mr Toia, a prisoner, appealed against the decision of Brewer J of the High Court at Auckland who dismissed his claim for damages against the prison authorities and the Attorney-General. Mr Toia claimed that the way he was treated in the maximum security wing of Auckland Prison between 2010 and 2012 breached his rights under the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). The appeal was dismissed. Mr Toia was classified as a maximum security prisoner and at all material times was held in the maximum security wing of Auckland Prison. His claim related to events that took place at the prison in two distinct periods of time. The first period was 14 January 2010 – 25 January 2010, when Mr Toia was confined in the wing’s At Risk Unit. The second period was 23 December 2010 – 10 February 2012, when Mr Toia was held in the wing’s D Block. The Court was satisfied that the Judge’s findings were correct and that the appeal had no merit. The Court considered all the complaints both individually and on a collective basis. It was satisfied that, on the evidence, none of the grounds of appeal had any merit.

Orders