Serco has gone to the High Court to challenge a draft report by the prison inspectorate on claims about 'fight clubs' and contraband in Mt Eden Prison.
The Corrections Department confirmed the private prison operator filed judicial review proceedings in the High Court on November 6 challenging the processes used and draft findings in a report prepared by the Chief Inspector of Prisons.
That report was into Serco's management of Mt Eden Correctional Facility after a raft of allegations about fight clubs, violence and drug use at Mt Eden. The report is yet to be made public.
"The Chief Inspector has considered the matters raised by Serco as he works towards finalising his report."
A spokeswoman for the private prison operator said she could not comment while the proceedings were before the courts.
"Serco is committed to work with the Department of Corrections on the finalisation of the report and its ongoing contractual commitments at MECF."
Radio NZ reported High Court documents showed the company was claiming it had not had enough opportunity to comment and respond to the report.
The Chief Inspector was called in to do the report in July, at the same time Corrections chief executive Ray Smith announced Corrections was taking over the day to day management of the Mt Eden Correctional Facility. Serco continues to manage Wiri Prison.
The report had already been delayed by two months and the first part of it was due to be reported by the end of October.
Corrections Minister Sam Lotu-Iiga said he was aware of the legal action and the Chief Inspector was considering the issues raised by Serco before finalising the report.
"It would be inappropriate for me to comment further on this issue before the court."