High Court Wellington
23 June; 16 August 2000
John Hansen J
23 June; 16 August 2000
John Hansen J
Constitutional law — New Zealand Bill of Rights Act 1990 — Right to legal representation — Prison disciplinary hearings — Whether Penal Institution Regulations ultra vires through breach of s 24 of New Zealand Bill of Rights Act 1990 — Whether prisoner has right to legal representation — Whether denial of legal representation demonstrably justifiable in free and democratic society — Penal Institution Regulations 1999 (SR 1999/139). — New Zealand Bill of Rights Act 1990, ss 5 and 24
Criminal practice and procedure — Prisoner's right of access to a lawyer — Whether prisoner has right to legal representation in prison disciplinary proceedings — Whether breach of prison discipline is ``offence'' under s 24 of New Zealand Bill of Rights Act 1990 — Whether prison disciplinary proceedings are criminal proceedings — Whether loss of remission is penal in nature — Penal Institutions Act 1954, s 32A(1).
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