7 Jul 2020
HUDSON v THE ATTORNEY-GENERAL [2020] NZHC 1608
- Citation
- [2020] NZHC 1608
- Court
- High Court
The prohibition of FHM and Ralph was lawfully within the Department's powers and, as applied, did not unjustifiably infringe s14 NZBORA because the limitation was prescribed by law, pursued a sufficiently important purpose (prison security, safety and rehabilitation), was rationally connected, no more impairing than reasonably necessary given prison context, and proportionate; APR and POM provisions were not ultra vires and the term 'objectionable' need not import the Classification Act meaning; blanket categorisation based on reasonable sampling and custodial expertise did not amount to unla…