20 Oct 2017
MITCHELL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZCA 475
- Citation
- [2017] NZCA 475
- Court
- Court of Appeal
Section 94 is subject to the temporal limits created by s93; because Ms Mitchell's sentence expired on 2 December 2015 and the statutory six month limit for conditions under s93 had passed by July 2016, the District Court had no jurisdiction to impose special release conditions on 29 July 2016, and those conditions are invalid. Leave to appeal under s296 was properly granted where a question of law arose and the issue was not merely academic between the parties.