New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Security classification of prisoners

Legal area

Court

8 Mar 2021

BELL v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2021] NZHC 413

Citation

[2021] NZHC 413
Court

High Court

Corrections' decisions to increase and thereafter reduce the applicant's security classification complied with the statutory framework and permitted procedures, did not breach NZBORA rights or principles of natural justice, and were not so unreasonable as to warrant judicial intervention; the reconsideration mechanism remedied any concerns and reputational risk alone cannot justify an override to maximum security.
22 Jul 2009

SMITH V THE ATTORNEY-GENERAL CA CA555/2008

Citation

openlaw-77d345fb_5128_47e0_810e_a9816eeb8ea9.pdf
Court

Court of Appeal

The Court granted an extension of time to 31 August 2009 because it was not satisfied the appeal was so lacking in merit as to justify refusing the application; the grant is confined to the grounds set out in the notice of appeal and there is no order as to costs.
1 Jun 2007

PHILLIP SMITH V THE ATTORNEY-GENERAL HC WN CIV-2005-485-1785

Citation

openlaw-25288743_8c22_42c2_946f_433280fc40fb.pdf
Court

High Court

The Attorney‑General’s application to strike out was dismissed because the claim was not so clearly untenable that it could not possibly succeed; issues of mootness, discretionary relief, NZBORA and natural justice raised substantial questions that should be determined at a substantive hearing rather than on strike out.