New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Disciplinary sentencing

Legal area

Court

9 Jul 2021

GENGE v VISITING JUSTICE, CHRISTCHURCH MEN’S PRISON [2021] NZHC 1727

Citation

[2021] NZHC 1727
Court

High Court

Both judicial review applications are dismissed: the prison rule banning sparring (including non‑contact pads training) was valid and its application to the applicant was within the lawful discretion of the Visiting Justice; the Visiting Justices' factual findings and penalty decisions were open to them and not reviewable for error of law or unfairness; allegations of misfeasance and Code breaches were not established.
1 Nov 2007

THOMPSON AND ANOR V THE ATTORNEY-GENERAL FOR AND ON BEHALF OF THE DEPARTMENT FOR CORRECTIONS AND ANOR HC CHCH CIV-2007-409-002364

Citation

openlaw-123f6820_ed53_48e9_b1ee_44260146c0bb.pdf
Court

High Court

The visiting justice's credibility findings were supported by clear eyewitness evidence and available exhibits; hearsay and photographs were not material errors and did not render the hearing unfair; the refusal to permit legal representation was lawful under Drew given the straightforward factual dispute; reasons for sentence were provided; the decisions were not unreasonable and the judicial review applications were dismissed.