20 Jan 2023
PELIKANI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZHC 21
- Citation
- [2023] NZHC 21
- Court
- High Court
Corrections law requires consideration of s62(3) factors; while gang membership alone is not a relevant basis to refuse removal, the combination of the applicant's gang associations, a historical assault on staff and his placement on PERD disclosed a potential risk and were relevant considerations properly taken into account; procedural delays and limited disclosure were unfortunate but did not render the decision unlawful; accordingly the judicial review application fails.