8 Aug 2014
MITCHELL v DEPARTMENT OF CORRECTIONS [2014] NZHC 1860
- Citation
- [2014] NZHC 1860
- Court
- High Court
The Chief Executive validly delegated appointment power to the national General Manager of Prison Services who was not a staff member of a particular prison; the Prison Manager/adjudicator was not disqualified by direct day‑to‑day responsibility nor by a reporting relationship with the prosecutor; there was no evidence of bias by the Visiting Justice in relation to Ms Mitchell; although reliance solely on written misconduct reports without witness availability can breach natural justice where the inmate disputes essential facts, in this case appeals produced full oral rehearings or the challe…
- Delegation
- Bias and recusal
- Natural justice
- Evidence and witness availability
- Visiting justices and adjudicators