Attorney-General and Chief Executive of Ara Poutama Aotearoa | Department of Corrections v Mark David Chisnall - SC 26/2022
Watch Videos
- The Attorney-General and The Chief Executive, Ara Poutama Aotearoa Department of Corrections v Mark David Chisnall SC 26/2022 - 3 April 2023 (Recorded, 3 April 2023)
- The Attorney-General v Mark David Chisnall SC 26/2022 - 18 October 2022 (Recorded, 18 October 2022)
- The Attorney-General v Mark David Chisnall SC 26/2022 - 17 October 2022 (Recorded, 17 October 2022)
Media releases
Summary
Civil Appeal
Result
A Leave to appeal and to cross-appeal is granted (Chisnall v Attorney-General [2021] NZCA 616 and Chisnall v Attorney-General [2022] NZCA 24).
B The approved questions are as follows:
(a) Whether the Court of Appeal was correct to make declarations that Part 1A of the Parole Act 2002 [extended supervision orders] and the Public Safety (Public Protection Orders) Act 2014 [public safety orders] are inconsistent with s 26(2) of the New Zealand Bill of Rights Act 1990 [the Bill of Rights]; and
(b) Whether the Court of Appeal was correct not to make declarations that extended supervision orders and public safety orders are inconsistent with ss 9, 22, 23(5), 25(a), (c) and (d), and 26(1) of the Bill of Rights.
22 June 2022
__________________________________
A The appeal is allowed in part.
B The cross-appeal is dismissed.
C We seek submissions from counsel on the form of the declarations of inconsistency, as set out at [269].
D Costs are reserved.
19 December 2024
__________________________________
A We make the declarations of inconsistency set out at [18].
B The appellants must pay the respondent one set of costs of $70,000 plus usual disbursements. We allow for second counsel.
30 September 2025
Date of Hearing
03 April 2023 — 04 April 2023
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 3 and 4 April 2023 Appellant Cross Respondent Supplementary Submissions (PDF 481 KB)
- Hearing date 3 and 4 April 2023 Respondent Cross Appellant Supplementary Submissions (PDF 474 KB)
- Hearing date 3 and 4 April 2023 Intervener Submissions (PDF 1 MB)
- Hearing date 17/18 October 2022 Appellants' Submissions (PDF 571 KB)
- Hearing date 17/18 October 2022 Respondent's Submissions (PDF 417 KB)
- Hearing date 17/18 October 2022 Cross-Appellant's Submissions on Cross-Appeal (PDF 350 KB)
- Hearing date 17/18 October 2022 Cross-Respondents' Submissions on Cross-Appeal (PDF 416 KB)