The Parole Board has called in Crown Law for an opinion on whether almost 150 decisions concerning some of New Zealand's worst criminals were made illegally.
The row, over whether an adviser had jeopardised the decisions when he took part in board deliberations, has led to accusations that Attorney-General Margaret Wilson
was passing the buck after she refused to become involved in the fray.
A board spokesman said Crown Law had been asked to provide an opinion on whether the actions of Health Ministry mental health director David Chaplow had endangered the legality of the decisions, which related to some of the country's worst criminals.
Wellington's Dominion Post newspaper revealed that Dr Chaplow had disclosed in an affidavit to the Court of Appeal last month that he, as adviser on psychiatric issues, had taken part in deliberations as if he were a board member.
The spokesman said it was not known if Crown Law's decision and the board's review of the files would result in affected prisoners being released from prison or recalled to prison. It was also unclear whether prisoners would be eligible for compensation.
"The board is looking at all the cases involved - relating to 70-80 offenders - and if problems are identified will make every effort to rectify them in a positive manner."
Members of the board are appointed by the Governor-General on the recommendation of the attorney-general.
Ms Wilson said: "After receiving advice, it's clear it's an operational matter for the Parole Board to deal with."
The response had disappointed Wellington human rights lawyer Tony Ellis, who said Dr Chaplow's role as adviser had been exceeded to such a degree that the cases he had sat on were, in his opinion, unlawful.
"I don't believe the legality of the decisions he sat on is an operational matter.
"It's a major concern to both the prisoners involved and the public that the whole confidence in the Parole Board is at stake."
- NZPA
