New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Prisoners' rights

Legal area

Court

3 Jul 2013

TAYLOR v THE ATTORNEY-GENERAL & ORS [2013] NZHC 1659

Citation

[2013] NZHC 1659
Court

High Court

Regulation 32A of the Corrections Amendment Regulations 2012 (declaring tobacco and smoking equipment unauthorised items) and the amendment deleting 'tobacco' from reg 158(1)(h) were ultra vires the enabling provisions of the Corrections Act 2004 because the regulations exceeded the authority conferred by ss 200 and 201; the Smoke-free Environments Act 1990 s 6A contemplates regulation of smoking by prison-cell policy and the Corrections Act requires humane administration of sentences, so a blanket regulatory ban of the kind effected by reg 32A was not authorised.
20 Dec 2012

TAYLOR V AUCKLAND PRISON HC AK CIV 2011-404-006168

Citation

openlaw-ff6cfe18_1b13_48bd_b647_5740c7e45d9a.pdf
Court

High Court

A rule made by the manager purporting to ban smoking in all areas of the prison including cells was outside the scope of the manager's rule-making power under s 33 of the Corrections Act 2004 because it was inconsistent with the statutory regime in the Smoke-free Environments Act 1990 (notably s 6A) and, at the time made, inconsistent with reg 158(1)(h) of the Corrections Regulations 2005; further the manager failed to exercise an independent discretion, having acted under direction from the Chief Executive, and the rule was therefore unlawful and of no effect.