28 Jul 2023
SMITH v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2023] NZHC 2007
- Citation
- [2023] NZHC 2007
- Court
- High Court
The APRs fall within the broad empowering language of s45A Corrections Act 2004 and may validly declare authorised property and attach conditions without an implied general exception; the APRs do not unjustifiably limit ss14 or 15 of the BORA given the safety and order objectives of the prison environment and availability of compliant alternatives; the respondents’ decisions were not unreasonable or an unlawful abdication of discretion. The judicial review application is dismissed.