24 Nov 2023
ATTORNEY-GENERAL v GRINDER [2023] NZCA 596
- Citation
- [2023] NZCA 596
- Court
- Court of Appeal
The Court of Appeal allowed the appeal and set aside the High Court decision. It held that the 'undue risk' threshold applies to release and recall decisions under the Parole Act but does not automatically apply on a condition-by-condition basis to the imposition, variation or discharge of special parole conditions. Special conditions are to be assessed for a rational nexus to statutory purposes in s15(2) and for reasonable necessity and proportionality under s7(2)(a); they may be maintained even if not required to reduce risk from 'undue' to below that threshold, provided they are not more o…