Judge rules prisoners can stay in court cells

A judge has ruled prisoners can be housed overnight in High Court and district court cells because of prison overcrowding.

Justice Geoffrey Venning's decision is a blow to three remand prisoners seeking compensation for being forced to stay in the cells at Manukau District Court.

Their lawyer, Grant Illingworth, QC, said the detention of Christopher Wright, Jeremy Harrison and Matau Sooipu in the court cells overnight was a breach of their rights under the Bill of Rights and they were falsely imprisoned.

In his written decision, Justice Venning said the Penal Institutions Act permitted the Minister of Corrections to declare the court cells part of Mt Eden Prison.

Justice Venning said cases involving people's human rights required a "hard look." But the minister's decision was fair and reasonable. "The minister was faced with a situation of a prison muster that could not be accommodated within existing prison facilities. While a long-term solution was sought and pursued, a short-term solution had to be provided for."

The case is still heading to court in relation to the trio's detention in court cells prior to the minister's redesignation of the cells as part of Mt Eden.