19 Dec 2022
G v COMMISSIONER OF POLICE [2022] NZHC 3514
- Citation
- [2022] NZHC 3514
- Court
- High Court
The s17 ROMI Act determination was punitive in effect; there was no clear parliamentary intention in the ROMI Act to displace the presumption against retrospective penal consequences for convictions and sentences that pre-dated the Act, so the s17 determination as applied to this applicant was unlawful and must be quashed. The Commissioner breached s27 Bill of Rights by not providing a hearing prior to the s17 determination. The determination also engaged and breached s26(2) Bill of Rights (double jeopardy). The appropriate relief included declaration, quashing and orders to remove records an…