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Parole Act 2002

Parole and other release from detention - Release - Reviews and appeals from decisions

68: Appeal to High Court against postponement orders, section 107 orders, and final recall orders

You could also call this:

"You can ask the High Court to review some orders, like postponement or recall orders, if you don't agree with them."

Illustration for Parole Act 2002

You can appeal to the High Court if you are subject to a postponement order, an order under section 107, or a final recall order. You have 28 days from the date of the decision on a review under section 67 to appeal, but the court can give you more time.

You can only appeal after the decision to make the order has been reviewed under section 67.

If you lodge an appeal, you still have to follow the order while the appeal is being decided. When you appeal against a final recall order, the court thinks about whether the community or certain people need to be protected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139303.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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67: Review of decisions, or

"Checking the Board's decisions to make sure they are fair and correct"

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69: Procedure on appeal against postponement orders, section 107 orders, and final recall orders, or

"What to do if you want to appeal a parole decision"

Part 1Parole and other release from detention
Release: Reviews and appeals from decisions

68Appeal to High Court against postponement orders, section 107 orders, and final recall orders

  1. An offender who is subject to a postponement order, an order under section 107, or a final recall order may, within 28 days of the date of the decision on a review under section 67 (or whatever longer time the court permits), appeal to the High Court against the decision on the grounds that the order ought not to have been made.

  2. No appeal may be made under this section until the decision to make the order has been reviewed under section 67.

  3. If an offender lodges an appeal, he or she remains subject to the order while the appeal is determined.

  4. In the case of an appeal against a final recall order, without limiting the matters that the court may consider in determining the appeal, the court must consider the need to protect the community, or any person or class of persons.

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