D v AG - [2025] NZHC 4028

Prisoners are regularly being denied their minimum daily entitlement to one hour of physical exercise in the open air, in Units 12 and 13 at Auckland Prison. The plaintiffs, 69 prisoners at Auckland Prison, brought an application for an order in the nature of mandamus requiring the Chief Executive of the Department of Corrections to comply with his legal duty to ensure prisoners receive their minimum entitlement under the Corrections Act 2004 to physical exercise.

Granting the plaintiffs' application, the Court held that the minimum entitlement to physical exercise may only be denied if there is an emergency in the prison, the security of the prison or the health and safety of any person is threatened. These exceptions do not cover situations where the reason for denying the entitlement is due to inadequate facilities or staff resourcing limitations.

The Court made an order in the nature of mandamus against the Chief Executive that: Subject only to s 69(2) and (4)(aa), the Chief Executive of the Department of Corrections is required to comply with s 70 of the Corrections Act 2004 in administration of the conditions of detention in Units 12 and 13 at Auckland Prison.

("Mandamus" is an order from the Court, based on royal authority, to perform a public duty. Disobedience to a mandatory order can amount to a contempt of court, punishable by fine or imprisonment.)