18 Jul 2017

Ex-inmate seeks compo over extra prison time

7:21 pm on 18 July 2017

A prisoner who spent a month longer in jail than he should have been has gone to the High Court seeking compensation from the Corrections Department.

Shane Gardiner's statutory release date was 24 August 2016, but he was not released from jail until 23 September, following a Supreme Court judgement that changed the way release dates are calculated.

His lawyer, Douglas Ewen told the High Court in Wellington that by an unlawful action, the state had taken a month of time away from his client.

He suggested compensation could be calculated using the same formula that is used for prisoners who are convicted and then exonerated.

However Corrections' lawyer Daniel Perkins said consideration would also have to be given to any claims those affected by Mr Gardiner's offending could make under the Prisoners and Victims claims legislation.