15 Dec 2016
MARINO v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC 3074
- Citation
- [2016] NZHC 3074
- Court
- High Court
The Court held the Supreme Court's interpretation of the Parole Act operates retrospectively under the declaratory theory, rejecting the Chief Executive's argument for prospective-only effect; reliance on earlier (incorrect) authority does not avoid strict liability for false imprisonment, and the applicants are entitled to summary judgment on liability for the periods they were detained beyond their lawful sentences.