Crown Law granted interim stay on 501 deportee case

December 23, 2022

It’s a hugely significant ruling that could set a strong precedent for hundreds of other former deportees. (Source: 1News)

Crown Law have this evening been granted an interim stay on proceedings regarding the 'hugely significant' 501 deportee case.

It will be in place until at least the date of the appeal on February 2, 2023.

It means supervision orders will remain in place until either the Crown’s appeal can run its course, or until the Government can amend the legislation under urgency in the New Year.

No other supervision orders will be lifted in the interim.

A high court judge had earlier reserved his decision after an eleventh hour bid by Crown Law to keep supervision orders in place for 501 returnees, and other returning offenders.

On Monday, Justice Cheryl Gwyn sided with a former drug-dealer, identified only as "G", that the supervision orders he was subjected to on return to New Zealand breached his human rights.

These included the taking of fingerprints, DNA samples and restrictions on movement.

He argued, and Justice Gwyn agreed, that it subjected him to double jeopardy – that is being punished twice for the same crime, having already served his sentence in Australia.

On Wednesday, Crown Law requested an urgent appeal to the judgment, and appeared at Wellington’s High Court this afternoon to try and have a stay granted on the case.

Justice Andru Isac adjourned the court this afternoon without reaching a decision. He has since granted the stay.

This case caught a number of legal experts and 501 deportee advocates off guard, with many calling it a hugely significant judgement.

Experts say any High Court judgement carries precedent, which could have opened the door for many more returning offenders to have their supervision orders dropped.

More than 2000 former criminals have returned since the Act was passed under urgency in 2015, although it’s unclear how many are under active supervision orders.

1News has requested information from both police and the Department of Corrections.

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