High Court halts proceedings of 501 deportee case until next year

The case was heard this afternoon in the High Court in Wellington. Photo / NZME

The High Court has granted a stay in proceedings for a bombshell decision which ruled a 501 deportee should not be subject to specialised bail conditions.

Justice Andru Isac decision tonight follows that of Justice Cheryl Gwyn’s on Tuesday.

Justice Gwyn ruled that a former drug dealer, known as G, deported from Australia in 2019 should not be subject to special conditions including residing at a particular address, supplying fingerprints and DNA, and attending a rehabilitative assessment or treatment programme.

She said these amounted to a penalty beyond what he had served in Australia and therefore double jeopardy – contrary to the New Zealand Bill of Rights Act.

The Crown this morning applied for a stay on the case in order to prevent it having to release other deportees from their parole-type obligations.

In a late-night decision, Justice Andru Isac granted the stay, and said he was satisfied no prejudice will be caused to G as the result of an interim order “because the respondents do not seek to stay its effect to him personally.”

In the High Court on Friday afternoon, Crown Lawyer Austin Powell submitted to Justice Isac that the decision would have wider-ranging implications than just the case of G, and should be stayed until it can be appealed on February 2.

Justice Isac, in his decision, agreed saying “it is clear that implementation more broadly of the Court’s decision could result in an increased risk to community safety as a result of the risk of reoffending of some returnees”.

He also made it clear this concern does not extend to G.

In his ruling, Justice Isac said the stay would not cause prejudice for G, “because the respondents do not seek to stay its effect in relation to him personally.”

The case will be heard in the Court of Appeal in February.

Justice Minister Kiri Allan said the Government is moving fast to limit the scope of Justice Gwyn’s decision which was made after Parliament had risen for the year – despite it being heard in February.

Allan also said the Government would move under urgency as soon as Parliament resumes to pass legislation to state categorically that the law was intended to apply retrospectively – which would overturn Justice Gwyn’s decision.