Arthur William Taylor v The Department of Corrections and another. - SC 35/2009

Summary

Civil – Disciplinary proceedings - Whether the Court of Appeal erred in finding that the decision of the Hearing Adjudicator to refer a charge to a Visiting Justice was not subject to s 27 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal wrongly found the decision of the Hearing Adjudicator did not breach natural justice – Whether the Court of Appeal erred in holding that s 134 of the Corrections Act 2004 does not require a Hearing Adjudicator to provide notice to a prisoner that his or her charge is being referred to a Visiting Justice, or to allow the prisoner the opportunity to be heard on that referral – Whether the Court of Appeal erred in finding that the Hearing Adjudicator had not taken into account irrelevant circumstances – Whether the Court of Appeal was wrong to hold that s 134(2)(a) of the Corrections Act does not exclude consideration of a prisoner’ s past disciplinary record.[2009] NZCA 129   CA  318/2008

Result

Application for leave to appeal dismissed.
24 July 2009

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