15 Feb 2019
GENGE v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2019] NZHC 172
- Citation
- [2019] NZHC 172
- Court
- High Court
The Court held there was no evidence the April 2018 reassessment was retaliatory; any scoring error was inadvertent and rectified by statutory reconsideration under s 48; however Corrections initially relied impermissibly on behavioural factors already accounted for in the security classification when refusing to return the prisoner to low-medium accommodation contrary to reg 44(2), warranting a declaratory remedy; the refusal of voluntary segregation and any alleged denial of exercise were lawful because segregation lacked supporting information and the prisoner voluntarily declined offered…