Smith v Attorney-General on behalf of Department of Corrections - [2017] 2 NZLR 704

Administrative law — Judicial review — Remedies — Prison Manager revoked authority for prisoner to wear hairpiece — Prisoner applied for judicial review — Whether adequate reasons given for revocation decision — Whether NZBORA considered prior to decision — Whether remedy required — Whether compensation payable — Prisoners’ and Victims’ Claims Act 2005, s 6.

Human rights — New Zealand Bill of Rights Act 1990 — Freedom of expression — Prison Manager revoked authority for prisoner to wear hairpiece — Whether wearing of hairpiece shown to have expressive content — Whether limitation on right arising from revocation justified — Whether adequate reasons given for revocation — Whether effect of NZBORA considered prior to revocation decision — Whether remedy required — Whether compensation payable — “Expression” — Prisoners’ and Victims’ Claims Act 2005, s 6.