13 Sept 2019
SMITH v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 2314
- Citation
- [2019] NZHC 2314
- Court
- High Court
The Court held that, on the facts of this case (a short judicial review proceeding conducted on affidavit without viva voce evidence or cross-examination and with adequate AVL facilities), the interests of justice were met by directing that Mr Smith may appear by AVL under s7(2)(a) of the Courts (Remote Participation) Act 2010 and declined to make a s65(3) Corrections Act 2004 production order; consent to AVL was relevant but not dispositive and AVL did not prejudice a fair hearing here.