16 Mar 2017
SMITH v ATTORNEY-GENERAL [2017] NZHC 463
- Citation
- [2017] 2 NZLR 704
- Court
- High Court
The hairpiece qualified as expressive conduct engaging s14 NZBORA; the Prison Director failed to take that right into account and did not conduct or record any s5 assessment of whether revocation was a justified limitation; failure to take this mandatory consideration made the decision unlawful and it was quashed; matter remitted for reconsideration with NZBORA considerations addressed.