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Michael Marino v The Chief Executive of the Department of Corrections - SC 35/2016

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Summary

Civil Appeal – Application for habeus corpus – Whether the Court of Appeal erred in its interpretation of ss 91(1) and 90(2) of the Parole Act 2002.[2016] NZCA 117   CA 129/2016

Result

A Leave to appeal is granted (Marino v The Chief Executive of the Department of Corrections [2016] NZCA 133).  
B The approved question is: Did the Court of Appeal err in its interpretation of ss 90 and 91 of the Parole Act 2002 or in the application of those sections to the position of the applicant?       
6 May 2016
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A Mr Marino’s appeal is allowed.  Costs are reserved.
B Mr Booth’ s appeal is dismissed.
22 September 2016

Hearing Transcripts

Related Documents

High Court decision — MARINO v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC 459 [16 March 2016]

Court of Appeal decision — MICHAEL MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 133 [15 April 2016]

Leave judgment - leave granted — MICHAEL MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZSC 52 [6 May 2016] (PDF 13 KB)

Substantive judgment — EDWARD THOMAS BOOTH v R [2016] NZSC 127 [22 September 2016] (PDF 368 KB)

Supreme court decision — Costs: MICHAEL MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZSC 148 [8 November 2016] (PDF 76 KB)