R (SC 64/2022) v Chief Executive of the Department of Corrections

[2023] NZSC 31

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF APPLICANT PROHIBITED BY S 201 OF THE CRIMINAL PROCEDURE ACT 2011 AND PURSUANT TO SS 107RA AND 107G OF THE PAROLE ACT 2002. SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 64/2022
 [2023] NZSC 31

BETWEEN	R (SC 64/2022) Applicant
AND	CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS Respondent

Court:	Glazebrook, O’Regan and Williams JJ
Counsel:	A J Ellis and G K Edgeler for Applicant B C L Charmley for Respondent
Judgment:	11 April 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (R (CA586/2021) v Chief Executive of the Department of Corrections [2022] NZCA 225).

BThe approved question is how does the New Zealand Bill of Rights Act 1990 affect the exercise of the court’s discretion to renew an Extended Supervision Order when the individual concerned is also subject to a Compulsory Care Order?

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Solicitors:
Crown Law Office, Wellington for Respondent