16 Dec 2008
MILLER AND ANOR V THE NEW ZEALAND PAROLE BOARD AND ANOR HC WN CIV 2004-485-1460
- Citation
- openlaw-824cde15_5efe_4b70_a636_0bb686f06229.pdf
- Court
- High Court
The Court dismissed all claims. The Parole Board is an independent statutory body under the Parole Act but is not required to possess the full institutional independence of a court for ICCPR art 9(4) purposes; statutory appointment, support, operational and remuneration provisions are lawful; asserted systemic defects (appointments, training, structured decision making, executive council, guides, dissent policy, HRX and treatment timing) did not establish unlawful lack of independence or breaches warranting relief; individual challenges to parole and recall decisions failed on the facts or we…