Brett David Grinder v Attorney-General and New Zealand Parole Board - SC 147/2023
Media releases
Summary
Civil Appeal
Result
A Leave to appeal is granted (Attorney-General v Grinder [2023] NZCA 596).
B The approved question is whether the Court of Appeal was correct to allow the appeal and in particular the proper approach to the imposition, variation or discharge of special conditions when a person subject to preventive detention is granted release on parole.
6 May 2024
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A The appeal is allowed. The decision of the Court of Appeal is set aside. The finding of the High Court that the issue for the Board on any reconsideration of the appellant’s conditions is as set out in the decision of Gwyn J at [130(a)–(b)] is reinstated.
B The respondents must pay the appellant one set of costs of $30,000 plus usual disbursements, provided that the amount does not exceed the amount paid by the Legal Services Commissioner for the appellant to bring this appeal. We allow for second counsel. If the amount paid by the Legal Services Commissioner is less than $30,000 plus usual disbursements, the respondents must pay the appellant one set of costs equal to that lesser amount.
18 November 2025
Date of Hearing
22 October 2024
Judges
Winkelmann CJ, Ellen France, Williams, Kós & Miller JJ
Case Synopses
Submissions from counsel
- Hearing date 22 October 2024 Appellant submissions (PDF 427 KB)
- Hearing date 22 October 2024 First Respondent submissions (PDF 1 MB)
- Hearing date 22 October 2024 Second Respondent submissions (PDF 342 KB)
- Hearing date 22 October 2024 Intervener Criminal Bar Association submissions (PDF 242 KB)
- Hearing date 22 October 2024 Intervener The Law Association submissions (PDF 580 KB)