New Zealand Case Law: Decisions & Judgments

Topic

Prisoner communications

Legal area

Court

20 Oct 2022

CHENG v AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2022] NZHC 2701

Citation

[2022] NZHC 2701
Court

High Court

The interlocutory applications (strike out and security for costs) are to be treated as genuine interlocutory matters and must be heard separately; the plaintiffs will not suffer material prejudice from this course, the defendants' cost concerns are reasonable and the applications can be determined within one day to efficiently manage and potentially narrow the extensive claims.
25 Aug 2020

CHENG v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2020] NZHC 2158

Citation

[2020] NZHC 2158
Court

High Court

Interim relief was refused because the statutory threshold was not met—the applicant sought to improve his position rather than preserve it; existing facilities (cell computer, printing, telephone and ongoing receipt of mail/email) were adequate for now; security, statutory authority and policy considerations supported Corrections' restrictions; merits of the judicial review appeared weak and oral evidence was unnecessary.
16 Apr 2020

SMITH v THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2020] NZHC 751

Citation

[2020] NZHC 751
Court

High Court

Interim relief in judicial review proceedings under the Judicial Review Procedure Act 2016 must be sought under s 15 of that Act; r 7.53 of the High Court Rules does not apply to such applications; because the applicant could not demonstrate a position to preserve, the application for interim relief is dismissed, but expedited directions were given for the substantive judicial review hearing.

New Zealand Case Law

CHENG v AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2022] NZHC 2701

CHENG v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2020] NZHC 2158

SMITH v THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2020] NZHC 751