16 Oct 2019
MCGREEVY v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZCA 495 [16 October 2019]
- Citation
- [2019] NZCA 495
- Court
- Court of Appeal
The Court held monitoring the appellant up to 24/7 between 26 May 2008 and 22 August 2012 was unlawful because neither the Parole Act nor the IRRP authorised person-to-person monitoring outside the hours the programme was delivered and s107K restricted 24/7 person-to-person monitoring to court/Parole Board-imposed conditions and limited durations; the appellant did not prove on the balance of probabilities that 24/7 person-to-person monitoring continued after 22 August 2012 and the IRRP was not shown to breach statutory requirements such that it warranted quashing.