New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bill of rights implications

Legal area

Court

30 Aug 2022

THE DEPARTMENT OF CORRECTIONS v BRADY [2022] NZHC 2179

Citation

[2022] NZHC 2179
Court

High Court

The Court accepted the health assessor's conclusions that Mr Brady poses a high risk of committing further relevant sexual offences and that statutory mandatory factors are present; given that the respondent consented after independent advice, the ESO for five years on standard conditions was necessary and proportionate to protect the public and to provide rehabilitative support, and the statutory procedural requirements were satisfied.
27 Aug 2020

R v CARE CO-ORDINATOR [2020] NZCA 364

Citation

[2020] NZCA 364
Court

Court of Appeal

The Court dismissed the appeal and held that a writ of habeas corpus was not the appropriate procedure because the central issues (whether the Family Court retained jurisdiction to defer or extend the compulsory care order and related Bill of Rights questions) were the subject of a pending appeal to the High Court and required full consideration there; the Court declined to pronounce on the lawfulness of the detention via habeas corpus given the existing appellate pathway.