1 Dec 2017
GREER v DEPARTMENT OF CORRECTIONS [2017] NZHC 2980
- Citation
- [2017] NZHC 2980
- Court
- High Court
Section 128(1)(f) of the Corrections Act 2004 is properly categorised as creating a strict liability disciplinary offence (with a defence of absence of fault) and Jackson applies to shared-cell situations; the Visiting Justice did not err in applying Jackson or in refusing an adjournment because the applicant had opportunity and no factual basis for an absence‑of‑fault defence was advanced; departmental guidelines and charging decisions were lawful and did not warrant intervention.