New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Compassionate leave

Legal area

Court

4 Sept 2018

WILSON v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2018] NZHC 2322

Citation

[2018] NZAR 1357
Court

High Court

Applicant is detained within the meaning of the Habeas Corpus Act because ESO conditions restrain liberty, but the detention is lawful; habeas corpus is not the appropriate remedy to challenge ESO conditions where alternative remedies (Parole Board variation or judicial review) exist, and the Court declines to issue the writ under s 14(1A)(b).
18 Dec 2012

WATSON V DEPARTMENT OF CORRECTIONS HC CHCH CIV-2012-409-002780

Citation

openlaw-1089959a_0f41_442e_9c37_c90c37ec31e3.pdf
Court

High Court

The refusal was an error of law because national level media/public perception concerns were applied in a way inconsistent with s 62: the statutory criteria did not warrant refusal where strict supervised transit mitigated risks and the short, supervised removal would not undermine the integrity of the life sentence; accordingly mandamus ordering authorisation subject to conditions was appropriate given the urgency.