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The Chief Executive of the Department of Corrections v Iosua Gaiga [2016] NZDC 4511

Published 01 August 2016

Interim special conditions — returning prisoner — Parole Act 2002 — Returning Offenders (Management and Information) Act 2015, ss 17, 26 and 27 — State Sector Act 1988, s 41 — Australian Migration Act 1958 (Aust), s 501. Interim special conditions were made without notice pursuant to s 27(5) for the returning offender, who was being deported from Australia. The applicant relied upon s 27(2), under which the Court must impose the special condition or conditions sought unless satisfied they are unnecessary. The Court determined as per s 27 that the conditions were immediately necessary on return of the prisoner, and those imposed were designed in light of the requirements of s 26(3).

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