The Christchurch mosque shooter was to discuss his access to news and mail at the Auckland High Court on Thursday but decided not to appear.
Brenton Tarrant, the Australian white supremacist, was scheduled to represent himself in a teleconference in chambers before Justice Geoffrey Venning at 9am on Thursday morning.
The gunman was sentenced in August to life in prison without parole for murdering 51 people, attempting to kill 40 others and committing a terrorism offence on March 15, 2019, at Christchurch's Al Noor Mosque and Linwood Islamic Centre.
Tarrant wrote to the court on February 27, 2021, raising two potential issues for judicial review: his listing as a terrorist entity as well as the Department of Corrections' decisions about his access to news and mail.
The court said those potential issues could form the basis of an application for judicial review proceedings, but would need to be properly and formally pleaded so the Crown could respond to the claims.
The intention of Thursday's conference was to confirm Tarrant wanted to pursue those issues, whether he would do so by himself or if he would seek legal assistance, what issues may arise from those decisions and whether the proceedings should be heard in Wellington, given one of the issues raised is his listing as a terrorist entity.
However, Tarrant told prison authorities on Thursday morning he had a complaint about his lack of access to documents and he wanted the conference postponed. He was told he could raise his issues at the conference, but decided not to attend anyway.
As these are civil proceedings, Tarrant cannot be compelled to attend.
Justice Venning subsequently adjourned the matter until further request of Tarrant or the Crown.
The judicial review would have had no bearing on the outcome of the case, Tarrant's conviction or the sentence imposed on him.
A judicial review is where a judge is asked to review an action or decision that has been made under a legal power. The judge will look at whether the way the decision was made was in accordance with the law, but won't usually decide whether the decision was the right one. About 180 judicial reviews are heard each year.
Speaking to The AM Show on Thursday, Auckland District Law Society president Marie Dyhrberg said Tarrant had a right to access the justice system.
"They have to have access to appeals, they have to have access to judicial review," she said. "When you have a prisoner who is loathed and most people out there would say he deserves no rights, that is the very time you have to protect that person's rights so that they are not behind closed doors, not being subject to torture, to inhumane treatment."
The lawyer said it is the "system" that was under review on Thursday.
"The judge doesn't look to see whether Corrections decisions are right. What the judge will be looking at is has due process has been followed?" she said.
"Has Corrections taken into account all the relevant situations? Has the person been given the opportunity to present their own case? If they are designated as a terrorist, is that in accordance with international standards as well?"
Tarrant has been living in solitary confinement at Paremoremo's Auckland Prison since being sentenced. However, he has been allowed visitors and, as Newshub reported last year, access to a television. He's also given some exercise time.
Corrections said following his sentencing that Tarrant would be "managed under the most stringent custodial regime we have ever developed", and they're committed to ensuring he causes no harm, directly or indirectly to anyone.
