New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Final recall order

Legal area

Court

15 Nov 2023

LAZARUS v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2023] NZHC 3225

Citation

[2023] NZHC 3225
Court

High Court

The applicant's detention was lawful because a valid final recall order and warrant were in place; habeas corpus was not an appropriate vehicle to overturn the Parole Board's assessment of undue risk in the absence of any identified error of law, and the withdrawal of criminal charges did not automatically render detention unlawful because the Board may rely on underlying facts and risk indicators.
5 Dec 2017

LEYLANDER v NZ PAROLE BOARD [2017] NZHC 2996

Citation

[2017] NZHC 2996
Court

High Court

The High Court held the Parole Board and the reviewing Judge correctly applied the statutory test, properly considered the relevant evidence (including pending misconduct under s7(2)(c)), were not obliged to articulate all possible release conditions, and were entitled to conclude on the material before them that there had been an escalation of risk (notably potential relapse into substance abuse and re-offending) amounting to an undue risk to public safety; the appeal was dismissed.