30 Jun 2022
CRIPPS v ATTORNEY-GENERAL [2022] NZHC 1532
- Citation
- [2022] NZHC 1532
- Court
- High Court
Ministers could not lawfully have been satisfied under Corrections Act s 85(3) that the use of Cell Buster in prisons was compatible with the humane treatment of prisoners because critical matters bearing on humane use (notably risks specific to dispersal into confined cells and necessary enforceable safeguards) were not addressed in the regulations but left to policy; accordingly CAR09, CAR12 and CAR17, to the extent they purported to authorise Cell Buster, were unlawful and use while they were in force was unlawful; the regulations were not void for uncertainty and Cell Buster is not held p…