New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Recall for breach of conditions
  • 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.

    • Final recall order
    • Undue risk to public safety
    • Recall for breach of conditions
    • Standard of review
    • S 61 parole act
    • S 67 review