A law expert has praised the New Zealand justice system for allowing the Christchurch mosque gunman to seek a judicial review.
Brenton Tarrant is due to appear before the Auckland High Court on Thursday where it is understood he wants the court to review decisions made about his prison conditions and his designation as a "terrorist entity".
The judicial review will not change the outcome of the case, Tarrant's conviction or his sentence of life imprisonment without parole for the murder of 51 people and attempt to kill 40 others at two Christchurch mosques in March 2019.
Auckland District Law Society president Marie Dyhrberg said the legal challenge shows Tarrant is exercising his rights.
"One of the very basic rules for any person incarcerated, irrespective of what they've done, is they still have to have access to the justice system," she told The AM Show.
"They have to have access to appeals, they have to have access to judicial review. 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."
She said in Paremoremo's Auckland Prison, where he has been living in solitary confinement, Tarrant should have access to basic rights including medical assistance, education and mental health support.
The review will look at whether he has indeed had access to this, along with making sure he is being adequately protected and not subject to attack in prison - as all inmates have a right to life.
Dyhrberg said it was "hard to say" whether Corrections had adequately made decisions about his prison conditions.
"That's exactly why we are going to have this hearing," she said. "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? 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? So it is the system that will be under review today. Have they done it right?"
She said it was a good thing Tarrant could challenge the measures.
"There may be people out there who may feel very strongly about what he has done but they will also feel proud of New Zealand that they are still giving him the basic human rights. [It's] not like other countries where various political prisoners are detained in secrecy and are not monitored or reviewed. I think there is a side where he has access to what he should have."
Tarrant will appear in Auckland High Court via audiovisual link, which Dyhrberg says is "the norm".
"If you can prevent the risk of security, it's a closed court because obviously whatever is going to be discussed are very sensitive matters for Corrections about their decision making, what sort of intel did they have access to."
She said the review would set a precedent for future high-profile political prisoners in New Zealand.
"It's a sign of the times isn't it, that we get more and more access to social media so that somebody can propagate their terrorist agenda, they can do all those sorts of things. We are going to probably have more people who are politically at risk to New Zealand."
