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Smith v The Attorney-General [2019] NZHC 835

16 April 2019


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Phillip Smith sought judicial review of certain decisions and guidelines on temporary release issued by the Chief Executive of the Department of Corrections in the wake of Mr Smith's escape while on temporary release in 2014. Aspects of Mr Smith's application successful and certain guidelines declared invalid. This does not necessarily taint downstream individual decisions on temporary release or release to work (RTWJ. Mr Hayden Taylor also sought judicial review of a December 2014 decision declining his application for RTW. Mr Taylor's application dismissed. No blanket approach taken to the decision-making and his claim more akin to a merits-based challenge.

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