Smith v The Prison Director at Rolleston Prison - [2022] NZHC 2366

Date of Judgment

15 September 2022

Decision

Smith v The Prison Director at Rolleston Prison (PDF 365 KB)

Summary

High Court says rule prohibiting sexual activity between male prisoners at the special treatment units for child sex offenders is valid and not unlawfully discriminating against prisoners because of their sexual orientation.

Nation J was satisfied there was good reason for the rule.

The blanket protection against sexual activity between prisoners protected prisoner from harm, and helped with the therapeutic and rehabilitative aims of the programmes. He noted the way the programmes had been successful in reducing reoffending, and said those leading the programmes should be supported in the decisions they had made as to the benefits to be obtained from the rule and the need for it.