26 Apr 2023
COMMISSIONER OF POLICE v G [2023] NZCA 93
- Citation
- [2023] NZCA 93
- Court
- Court of Appeal
The Commissioner must have his s 17 determination treated as a statutory factual determination; although the ROMI Act regime imposes restrictions in the nature of penalties, the Commissioner did not 'sentence' G and there was no relevant increase in penalty for s 6 Sentencing Act or s 25(g) BORA; having considered text, purpose and urgent parliamentary context the Court concluded Parliament intended the ROMI Act to apply from commencement (including to persons convicted and sentenced overseas prior to enactment), so application of s 17 to G was lawful; there was no breach of s 27(1) BORA beca…