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.