31 Aug 2021
VAN SILFHOUT v PATHIRANNEHELAGE [2021] NZHC 2268
- Citation
- [2021] NZHC 2268
- Court
- High Court
Pre-sentence detention is included within the period during which the limitation period is suspended under s64 of the Prisoners' and Victims' Claims Act 2005 because, read in its statutory and sentencing context and purposively, 'serving a sentence' in this technical field includes time served in pre-sentence custody; the Tribunal must assess limitation periods even if not pleaded; the Tribunal erred in law in its approach but on correct interpretation the respondent's claim was lodged in time and the appeal is dismissed.