New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Facilities and treatment of prisoners
  • 24 Jan 2022

    VALENT v DEPARTMENT OF CORRECTIONS [2022] NZHC 31

    Citation
    [2022] NZHC 31
    Court
    High Court

    The applicant's requests to call additional Corrections witnesses and to cross‑examine the Corrections deponent were declined because the respondent's affidavit satisfied the duty of candour and provided sufficient explanation for the decision; further testimony and cross‑examination were unnecessary for judicial review which addresses legality, fairness and reasonableness rather than merits, and the hearing will proceed remotely by AVL given COVID protocols and applicant consent.

    • Judicial review
    • Duty of candour
    • Procedural fairness
    • Cross-examination of deponents
    • Remote hearing/avl
    • Facilities and treatment of prisoners