28 Nov 2019
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CHISNALL [2019] NZHC 3126 [28 November 2019]
- Citation
- [2019] NZHC 3126
- Court
- High Court
The Court held that the ESO regime, as enacted with retrospective application, imposes an unjustified limitation on the immunity from retrospective increased and/or second penalty affirmed by s25(g) and s26(2) NZBORA and is therefore inconsistent insofar as applied retrospectively (declaration made regarding s107I(2) Parole Act 2002). The PPO regime is not presumptively punitive and thus not a penalty in principle, though specific features (conditional therapy, detention on prison grounds, potential imprisonment without further offending) may be punitive in application and require case-by-cas…