New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Prisoner access to legal facilities

Legal area

Court

10 Oct 2018

HARTLEY v ATTORNEY-GENERAL [2018] NZHC 2639

Citation

[2018] NZHC 2639
Court

High Court

Appointment of an amicus was declined because such appointments are exceptional, legal aid had been refused twice, the applicant's statement of claim was clear and focussed showing he could articulate issues, the Crown would provide a full opposing case obviating need for a contradictor, and no novel or complex point of law was identified that required court assistance by independent counsel.
5 Aug 2011

ARTHUR WILLIAM TAYLOR V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS HC AK CIV 2011-404-3227

Citation

openlaw-67541edf_f18e_42ab_8a28_f33646e4642f.pdf
Court

High Court

Interim relief was refused because the order sought would not merely preserve the applicant's position but would improve it by substituting judicial control for the statutory discretion of the Prison Manager; the public interest in prison security and efficient prison management, the practical impossibility of court supervision, and the applicant's weak prospects of success on substantive grounds (no enforceable entitlement under s 43 or the prior agreement; NZBORA claims unlikely to impose positive obligation) justify dismissal of the interim application.