30 Sept 2022
GENGE v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2022] NZHC 2508
- Citation
- [2022] NZHC 2508
- Court
- High Court
Use of RoC*RoI within the IOMS as an actuarial input to generate a preliminary security classification is lawful and consistent with the Corrections Act and Regulations; the statutory scheme and Corrections' guidelines anticipate actuarial tools but require individualized assessment and permit overrides; Corrections applied the process lawfully in the applicant's case, the override mechanism prevents fettering of discretion, and the applicant did not establish arbitrary detention, rights breaches under NZBORA or international instruments, or misfeasance by officials.