27 Nov 2018
OBIAGA v THE VISITING JUSTICE AT AUCKLAND PRISON & ANOR [2018] NZHC 3095
- Citation
- [2018] NZHC 3095
- Court
- High Court
Refusal to permit legal representation without first inquiring into the nature and complexity of the applicant's defences, combined with denial of the opportunity to call and cross-examine material witnesses, deprived the applicant of a real opportunity to state his case and amounted to a breach of natural justice in the prison disciplinary context; the Visiting Justice's findings were therefore quashed and the matter remitted for rehearing.