27 Jun 2017
HUDSON v THE ATTORNEY-GENERAL [2017] NZHC 1441
- Citation
- [2017] NZAR 1293
- Court
- High Court
Rule 5.4.a insofar as it precludes prisoners without 'current' or live proceedings from accessing their legal papers is ultra vires and unlawful because s 45A and related statutory provisions do not authorise a blanket prohibition on access to legal papers that unjustifiably infringes s 14 NZBORA; permissive case-by-case management powers in s 43 and reg 33 can address the security and management concerns alleged. The Chief Executive is directed to amend the Rule accordingly.