New Zealand Case Law: Decisions & Judgments

Topic

Prison disciplinary procedures

Legal area

Court

16 Mar 2021

GENGE v VISITING JUSTICE, CHRISTCHURCH MENS PRISON [2021] NZHC 532

Citation

[2021] NZHC 532
Court

High Court

The Court declined to appoint counsel to assist because the applicant was not exposed to risks of miscarriage of justice necessitating such appointment, the issues were largely factual rather than legally complex, the applicant had not pursued legal aid and had chosen to self-represent, and the role of counsel to assist is to aid the Court rather than to substitute for party representation; appointment is not a remedy for perceived legal aid deficiencies.
26 Nov 2019

GENGE v VISITING JUSTICE AT CHRISTCHURCH MEN’S PRISON [2019] NZCA 583

Citation

(2019) 24 PRNZ 695
Court

Court of Appeal

The restraint order was quashed because it was made without notice or hearing, causing an infringement of the applicant's right of access to the courts and natural justice; while restraint orders can be justified in narrow cases of plain abuse or vexatious repetition, they must generally be imposed only after giving the affected person prior notice and an opportunity to be heard; the High Court should hear the merits of the present review application before any restraint is considered.
26 Apr 2018

GREER v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2018] NZHC 813

Citation

[2018] NZHC 813
Court

High Court

Interim suspension of the IDU status was granted because the applicant presented a genuine challenge with potential for real and non-minimal disadvantage if restrictions remained in place, the balance of convenience favoured interim relief, and there was no clear reason to refuse relief provided the applicant complied with a case timetable; relief may be revisited if the applicant delays without reasonable excuse.
24 Jul 2009

TAYLOR V THE DEPARTMENT OF CORRECTIONS SC 35/2009

Citation

SC 35/2009
Court

Supreme Court

S 134 does not import a right to a hearing prior to an adjudicator's decision to refer a disciplinary charge to a Visiting Justice, and an adjudicator may consider prior disciplinary breaches when forming the requisite opinion; s 139 does not require a different construction.

New Zealand Case Law

GENGE v VISITING JUSTICE, CHRISTCHURCH MENS PRISON [2021] NZHC 532

GENGE v VISITING JUSTICE AT CHRISTCHURCH MEN’S PRISON [2019] NZCA 583

GREER v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2018] NZHC 813

TAYLOR V THE DEPARTMENT OF CORRECTIONS SC 35/2009