Bennett v Superintendent Rimutaka Prison - [2002] 1 NZLR 616

Judicial review — Habeas corpus — Whether available for prisoners lawfully incarcerated challenging conditions of detention, imposition of solitary confinement, reclassification — Whether judicial review appropriate procedure — Habeas Corpus Act 2001 — Penal Institutions Act 1954, ss 7, 17A, 17B and 17C.

Judicial review — Regulations — Delegated power for secretary to issue operational standard creating security classification system — Operational standard merely listed classifications with no definitions — Whether complied with requirements of statute — Penal Institutions Act 1954, ss 10A and 17A.

Judicial review — Natural justice — Application to prison superintendent for review of reclassification — Whether superintendent obliged to conduct hearing — Penal Institutions Act 1954, ss 17A and 17B.

Judicial review — Statutory power of decision — Decision to segregate prisoner not to remain in force for more than 14 days without authorisation of secretary — Prisoner released from segregation — secretary’s authorisation received after expiry of 14-day period and segregation reimposed — Whether segregation lawful — Penal Institutions Act 1954, s 7(1A) and 7(1C).