New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Prison disciplinary offences

Legal area

Court

29 Mar 2022

TRANTER v CHIEF EXECUTIVE OFFICER MANAWATU PRISON [2022] NZHC 599

Citation

[2022] NZHC 599
Court

High Court

Employment termination was an operational management decision not shown to be punitive for the medication allegation and not reviewable; the Visiting Justice did not err in declining representation given the charge's minor and straightforward nature, but the conviction was quashed because the prosecution failed to prove the essential element that the prisoner disobeyed an instruction to swallow medication—there was no evidence of a formal instruction to swallow and the rule required showing swallowing to the nurse's satisfaction, which was not established.
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.