4 Feb 2015
MITCHELL v CHIEF EXECUTIVE OFFICER, DEPARTMENT OF CORRECTIONS & ANOR [2014] NZHC 347
- Citation
- [2014] NZHC 347
- Court
- High Court
Regulation 68 remains in force and is not inherently in conflict with the Chief Executive's authorised property rules because they regulate related but distinct matters (what may be issued/kept v what may be worn); however the authorised property rules as drafted must be amended to preserve the prison manager's residual discretion under reg 68 by recognising manager-declared authorised clothing so the rules do not nullify that discretion; the ARWCF uniform policy is lawful with limited exceptions and the removal/temporary retention of plaintiff's clothing was lawful in context, with only a te…