10 Aug 2016
TAYLOR v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC 1805 [10 August 2016]
- Citation
- [2016] NZHC 1805
- Court
- High Court
Court held the decision to remove Mr Taylor from the September 2015 STURP intake was vitiated because it was influenced by an irrelevant consideration—principally to compel him to 'take direction' by accepting transfer through Auckland West—whereas the psychologist's contrary view, while relevant, was not a legally mandatory consideration; the denial/delay did not amount to arbitrary detention under NZ law for a determinate sentence. The judicial review was granted in part, other grounds dismissed, and no specific remedial order for placement was made other than requiring fresh consideration…