16 Apr 2019
Smith v The Attorney-General [2019] NZHC 835
- Citation
- [2019] NZAR 767
- Court
- High Court
The 11 November 2014 email direction pausing temporary release was lawful as a short, context‑specific deferral; however the subsequent temporary release circulars (2014/02 series) and the RTW circulars (2014/03 series) unlawfully fettered delegated discretion and were ultra vires to the extent they excluded statutorily eligible classes or directed that particular classes 'must not be approved'; the individual RTW decision declining Taylor on 11 December 2014 was lawfully made on an individualised assessment and is not set aside; declarations of invalidity are granted confined to the unlawful…