New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Suspension of reporting obligations

Legal area

Court

12 Mar 2019

W (CA661/2018) v THE DISTRICT COURT AT WELLINGTON [2019] NZCA 45

Citation

[2019] NZCA 45
Court

Court of Appeal

The Court held it was impermissible to extend s 36(5) retrospectively to suspend reporting obligations for a period when no reporting obligations in fact existed; clause 1(4)(c) does not authorise reading in the words 'or would have been' as a 'necessary modification', therefore the appellant's reporting period was not extended by his earlier custody period and the appeal is allowed.
31 Oct 2018

W v THE DISTRICT COURT OF NEW ZEALAND [2018] NZHC 2813

Citation

[2018] NZHC 2813
Court

High Court

Clause 1(4)(c) of schedule 1 makes retrospectively registrable persons subject to "all other provisions" of the Act; therefore s 36, including s 36(5), applies retrospectively and the Commissioner correctly excluded the applicant's custody period from the calculation of his reporting period; the District Court did not err.