13 Oct 2020
MITCHELL v THE ATTORNEY-GENERAL [2020] NZHC 2683
- Citation
- [2020] NZHC 2683
- Court
- High Court
Applicant raised a serious question to be tried but mandatory interim relief compelling daily outdoor exercise could not be granted on the present pleadings and evidence because of jurisdictional limits on orders against the Crown under JRPA s15(3), lack of pleaded precision, and the need to preserve day-to-day management discretion where s69(2) exceptions may apply; accordingly the interim injunction application was dismissed and a prioritized substantive hearing directed.