“The position of 501s is unique, we release people from long-term imprisonment in New Zealand all the time, but always subject to conditions of parole. It is another thing entirely to release a person not only without support, but in a country where they have no connection or community,” he said.
Powell continued on to say 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.
The stay would prevent the Government from having to release other deportees from their parole-type obligations as a consequence of the case taken by a former drug dealer “G” against his conditions.
Without a stay, the police and Corrections would have to abandon all parole-type conditions on a group of 501s – namely those that arrived since the Returning Offenders (Management and Information) Act (ROMI) took effect in November 2015.
This means many of the 501s arriving from Australia between now and when Parliament resumes on February 14 would be released into New Zealand without any conditions attached to their arrival.
Justice Isac also heard submissions from G, who represented himself in court.
G told the court that a stay on the decision would be “unjust and unconstitutional”.
“We’re talking about more than just me, we’re talking about 2000 other people – there is a moral obligation here as well as a legal one.”
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.
Justice Isac reserved his decision.
