15 Dec 2017
SMITH v THE ATTORNEY-GENERAL [2017] NZHC 3141
- Citation
- [2017] NZHC 3141
- Court
- High Court
Reg 44(2) is enforceable but qualified by practicability, safety and resource considerations; Corrections did not unlawfully breach Reg 44(2) on the facts because temporary retention in higher-security accommodation and regimes was justified by safety, supervision and planning reasons, and the applicant's legitimate expectation arguments failed as promises were ambiguous; no declaration of breach granted but leave to renew if classification remains low-medium and insufficient explanation given.