30 Sept 2021
TESIMALE v MANUKAU DISTRICT COURT [2021] NZHC 2599
- Citation
- [2021] NZHC 2599
- Court
- High Court
The High Court dismissed review of Mr Park's discretionary decision under s 315 (decision to apply for warrant) as lawful and not amenable to review on the pleaded bases. The Court granted review of the District Court judge's 15 January 2021 warrant decision made under s 317(3): that decision was unreasonable because the evidence did not support the conclusion that continued detention in the public interest was justified given the lengthy detention to date, high uncertainty about when deportation to Tuvalu could occur due to COVID-19, and limited risk of absconding/reoffending in the circumst…