D (SC 31/2019) v NEW ZEALAND POLICE [2019] NZSC 58

D (SC 31/2019) v NEW ZEALAND POLICE [2019] NZSC 58

The Court granted leave to appeal and formulated the approved question: whether and, if so, how the New Zealand Bill of Rights Act 1990 must be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016; the Court did not determine the substantive...

Source-derived case information.

Citation
[2019] NZSC 58
Parties
Applicant: D (SC 31/2019); Respondent: New Zealand Police
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
21 June 2019
Procedural Posture
Leave to Appeal / Leave Granted by Supreme Court
Outcome
Leave to appeal granted; approved question reserved for the appeal
Legal Topics
Child Sex Offender Register, Registration Under S 9, New Zealand Bill of Rights Act 1990, Statutory Interpretation
Criminal Law Constitutional Law Human Rights Administrative Law Child Sex Offender Register Registration Under S 9 New Zealand Bill of Rights Act 1990 Statutory Interpretation

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Parties

D (SC 31/2019)

Applicant

New Zealand Police

Respondent

Procedural Posture

Leave to Appeal / Leave Granted by Supreme Court

Legal Issues

  1. 1 Whether and, if so, how the New Zealand Bill of Rights Act 1990 must be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016
  2. 2 Whether leave to appeal should be granted against an order placing the applicant on the Child Sex Offender Register

Ratio Decidendi

The Court granted leave to appeal and formulated the approved question: whether and, if so, how the New Zealand Bill of Rights Act 1990 must be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016; the Court did not determine the substantive compatibility question at this stage.

Court Disposition

Leave to appeal granted; approved question reserved for the appeal

Orders

  • Leave to appeal granted
  • Approved question: whether and, if so, how the New Zealand Bill of Rights Act 1990 has to be taken into account in decisions under s 9 of the Child Protection (Child Sex Offender Government Agency Registration) Act 2016