Taunoa and Others v. Attorney-General

Abstract

Relationship of International Law and Municipal Law — Treaties — International human rights instruments — International jurisprudence — International standards — International Covenant on Civil and Political Rights, 1966 — New Zealand Bill of Rights Act 1990 affirming New Zealand’s commitment to International Covenant — Sections 9 and 23(5) of Bill of Rights Act 1990 giving effect to Articles 7 and 10(1) of International Covenant — Relationship between Section 23(5) and Section 9 of Bill of Rights Act 1990 — Relevance of international standards — Standard of behaviour required of New Zealand authorities — Treatment in prison — International obligation to give effective remedy — Article 2(3) of International Covenant — Whether obligation part of New Zealand’s domestic law

Human rights — Prohibition of cruel, degrading or disproportionately severe treatment or punishment — Prison inmates — Conditions — Segregated cell confinement — Lack of exercise opportunity — Practice of strip-searching — Failure to check mental health conditions — Whether constituting cruel, degrading or disproportionately severe treatment or punishment — Relevance of legislative standards — Interpretation of Section 9 of Bill of Rights Act 1990 — Relationship between Section 23(5) and Section 9 of Bill of Rights Act 1990 — Approach in determining whether breach of Section 9 of Bill of Rights Act 1990 — International human rights instruments and resulting jurisprudence — Relevance — International Covenant on Civil and Political Rights, 1966 — Section 9 of Bill of Rights Act 1990 giving effect to Article 7 of International Covenant — Whether breaches of Section 9 of Bill of Rights Act 1990

Human rights — Right to natural justice — Prison inmates — Appellants alleging breaches of Section 27(1) and Section 9 of Bill of Rights Act 1990 in addition to finding of breach of Section 23(5) — Whether Behaviour Management Regime (“BMR”) lawful — Whether breaching Section 9 of Bill of Rights Act 1990 in amounting to cruel, degrading or disproportionately severe treatment or punishment — Whether deprivation of right to natural justice contributing to severity of treatment under BMR — Whether declaration of breach of Section 27(1) of Bill of Rights Act 1990 necessary

Damages — Compensation — Human rights violations — Breach of Bill of Rights Act 1990 — International obligation to give an effective remedy — Article 2(3) of International Covenant on Civil and Political Rights, 1966 — Whether part of New Zealand’s domestic law — Whether declaratory relief sufficient for breach of Bill of Rights Act — Whether awards of compensation appropriate as remedy — Quantum of awards — Whether properly assessed — Whether excessive — The law of New Zealand