Attorney-General v Udompun - [2005] 3 NZLR 204

Immigration — Natural justice — Non-English-speaking person denied entry — Questioning by immigration officials through English-speaking member of group — Whether official interpreter necessary in every case — Whether individual interviews necessary — Whether breach of natural justice — New Zealand Bill of Rights Act 1990, s 27(1).

Immigration — Detention — Rights of detainees — Right to consult a lawyer — Right to be treated with humanity — Non-English-speaking person denied entry — Detention pending departure from New Zealand — Detainee signed form in native language setting out rights under Bill of Rights Act — Whether reason for detention adequately brought home — Whether detainee informed of right to consult a lawyer — Whether need for special care in advising right arising from foreign language, headache, and tiredness following flight and processing delays — Failure to provide sanitary products to detainee — Delays in providing opportunity to change clothes, shower, and in providing food — New Zealand Bill of Rights Act 1990, ss 23(1)(a), 23(1)(b) and 23(5).

Constitutional law — New Zealand Bill of Rights Act 1990 — Remedies — Approach to assessment of compensation for breach of s 23(5) — Pre-judgment interest — Costs — New Zealand Bill of Rights Act 1990, s 23(5).