Smith v Prison Director at Rolleston Prison - [2024] 2 NZLR 793

Human rights — Freedom from discrimination — Sexual orientation — Special treatment unit for convicted child sex offenders — Rule that prisoners in unit not participate in sexual activity — Rule prohibiting prisoners from encouraging, pressuring or threatening other prisoners to participate in sexual activity — Whether rule imposing blanket prohibition — Whether discriminatory — Comparator group — Direct and indirect discrimination — Whether rule inconsistent with New Zealand’s international obligations — Yogyakarta Principles — Human Rights Act 1993 ss 20I, 21(1)(m) and 65.

New Zealand Bill of Rights — Freedom from discrimination — Sexual orientation — Special treatment unit for convicted child sex offenders — Rule that prisoners in unit not participate in sexual activity — Rule prohibiting prisoners from encouraging, pressuring or threatening other prisoners to participate in sexual activity — Whether rule inconsistent with NZBORA — Whether rule justified limit on right to freedom from discrimination — New Zealand Bill of Rights Act 1990 ss 4, 5, 6 and 19.