Thai visitor awarded $50,000

A High Court judge has awarded a Thai visitor $50,000 for breaches of her rights suffered while she was held for two nights in a police cell.

Pimthong Udompun had unfortunate experiences on two trips to New Zealand.

After arriving at Christchurch in October 1999 she was put on the next plane back to Thailand the same day.

When Mrs Udompun, whose sister lives in New Zealand, returned in September the following year, the Immigration Service again decided to put her on the next flight home, which was two days later.

During that time she was held at Papakura police station.

Due to an "unfortunate but not deliberate act" Mrs Udompun was denied access to sanitary products despite heavy menstruation during her stay in the cells.

Proceedings were taken in the High Court to prevent Mrs Udompun being sent back to Thailand and she was granted a three-month visitor's permit.

Mrs Udompun's Auckland lawyer, Olinda Woodroffe, sued the police and Immigration Service for $250,000.

In a written decision Justice Paul Heath has awarded Mrs Udompun $50,000 for breaches under the Bill of Rights, along with interest and costs.

The judge said Mrs Udompun should have had an appropriately qualified interpreter at Christchurch, and it should have been brought home to her in a language she understood of her right to consult a lawyer in Auckland.

Justice Heath said Mrs Udompun's rights were also breached by the failure of police to allow her to get a change of clothes from her luggage before she was detained at Papakura and by the failure to make sanitary products available to her.

The judge said there was nothing to suggest Mrs Udompun was anything but an exemplary citizen of Thailand.

"The significance of what happened to Mrs Udompun can be assessed by contemplating the likely reaction of New Zealanders to the news that a law-abiding fellow citizen had been detained in Thailand in similar circumstances because of the unavailability or inadequacy of an English-speaking interpreter."

He said it would have been humane to allow Mrs Udompun a change of clothes.

She was kept in a 3m by 2m cell with a concrete bed and mattress on top. The cell lights were kept on at night.

The judge said Mrs Udompun should be compensated for the undoubted emotional harm she suffered in being returned to Thailand without proper cause in 1999 and being detained two nights in a small cell the following year.

She suffered humiliation, stress and fear.

"It is important to send a message to those who seek to visit our country that our courts will act to ensure that immigration procedures are carried out in accordance with legal requirements.

"To do otherwise may tarnish New Zealand's reputation as a tourist destination."

The judge said he expected police to review procedures for dealing with detainees who could not understand or speak English.