Mitchell v Attorney-General

[2017] NZHC 1320

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-771 [2017] NZHC 1320

UNDER	the New Zealand Bill of Rights Act 1990
IN THE MATTER	of a claim for damages
BETWEEN	KERRYN MITCHELL Plaintiff
AND	ATTORNEY-GENERAL Defendant

On the papers
Counsel:	K Mitchell in Person D Harris for Defendant
Judgment:	15 June 2017

JUDGMENT OF THOMAS J

[1]      By her amended statement of claim dated 16 August 2016, the plaintiff, Kerryn Mitchell, brings claims against the defendant under the New Zealand Bill of Rights Act 1990.

[2]      The claims concern the actions of the Prison Manager at Arohata Prison who withheld  correspondence  written  by  Ms  Mitchell,  when  she  was  remanded  in custody  at  the  Prison.    The  correspondence  was  addressed  to Arthur  Taylor,  a prisoner at Auckland Prison.  Ms Mitchell seeks relief in the form of a declaration, compensatory and exemplary damages, and any other relief the Court may consider just.  Ms Mitchell is self-represented.

[3]      The defendant accepts that in this case letters written by Ms Mitchell, dated

28 March and 22 April 2013 respectively, were withheld unreasonably in breach of s 14 of the New Zealand Bill of Rights Act 1990, which provides:

MITCHELL v ATTORNEY-GENERAL [2017] NZHC 1320 [15 June 2017]

14       Freedom of expression

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

[4]      The defendant is agreeable to the making of a declaration to that effect.

[5]      The defendant has also agreed to pay public law compensation in respect of the breach of s 14. This amount will be subject to the provisions of the Prisoners and Victims Claims Act 2005.

Orders

[6]      By consent, judgment is given for the plaintiff on the following terms:

[7]      A declaration that Ms Mitchell’s letters dated 28 March and 22 April

2013 respectively were withheld unreasonably in breach of s 14 of the

New Zealand Bill of Rights Act 1990.

[8]      An order that the defendant is to pay public law compensation of

$1500 in respect of the breach, the amount being payable to the Secretary  for  Justice  to  be  dealt  with  in  accordance  with  the provisions of s 17(1) of the Prisoners and Victims Claims Act 2005.

[9]      No order as to costs is sought.

[10]     The proceeding in respect of the balance of the claim is to be treated as discontinued forthwith.

Thomas J

Solicitors:

Crown Law, Wellington