5 Aug 2011
ARTHUR WILLIAM TAYLOR V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC AK CIV 2011-404-3227
- Citation
- openlaw-67541edf_f18e_42ab_8a28_f33646e4642f.pdf
- Court
- High Court
Interim relief was refused because the order sought would not merely preserve the applicant's position but would improve it by substituting judicial control for the statutory discretion of the Prison Manager; the public interest in prison security and efficient prison management, the practical impossibility of court supervision, and the applicant's weak prospects of success on substantive grounds (no enforceable entitlement under s 43 or the prior agreement; NZBORA claims unlikely to impose positive obligation) justify dismissal of the interim application.