21 Feb 2018
KUMAR v THE VISITING JUSTICE AT AUCKLAND PRISON [2018] NZHC 209
- Citation
- [2018] NZHC 209
- Court
- High Court
The court held that the refusal of legal representation on the facts was within the lawful exercise of s135 discretion and later denials were justified, the prosecution's partial transcription and provision of audio satisfied s121 in the circumstances, but the decision to adjourn Charge B on 2 December 2015 was procedurally irregular and unlawful because it conflicted with the statutory emphasis on prompt resolution and was inconsistent with the available facts and expectations, warranting a declaratory remedy rather than quashing of convictions.