27 Mar 2012
PAWEL MARIAN MISIUK V NEW ZEALAND PAROLE BOARD COA CA164/2012
- Citation
- COA CA164/2012
- Court
- Court of Appeal
The Court held that s 28(5) does not require a pre-variation hearing; it requires the Board to hold another parole hearing as soon as practicable after amending a release direction. The Board validly exercised or purported to exercise its power to impose special conditions for release under s 29(1)(b) read with s 15(2). Even if the s 55 process applied and rendered the Board's decision invalid, that would mean no valid parole direction existed and the appellant would remain lawfully detained under the warrants of commitment; accordingly there was no basis for habeas corpus and the appeal was…