27 Jun 2023
THE NZ PAROLE BOARD v THE ATTORNEY-GENERAL [2023] NZHC 1611
- Citation
- [2023] NZHC 1611
- Court
- High Court
The Court held that s 107K(3)(bb)(ii) must be given a broad effect: it prevents the Parole Board from imposing, as a programme condition, any condition that requires or results in an offender residing with their programme provider (that prohibition attaches to any programme as defined in s 16). The provision protects against programme conditions that would operate as de facto residential restrictions or 24‑hour supervision and therefore preserves statutory distancing from custodial forms of control. The Court also concluded the Board has power to initiate review hearings to correct unlawful s…