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.