Parole Act 2002

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68 Appeal to High Court against postponement orders, section 107 orders, and final recall orders

(1)

An offender who is subject to a postponement order, an order under section 107, or a final recall order may, within 28 days of the date of the decision on a review under section 67 (or whatever longer time the court permits), appeal to the High Court against the decision on the grounds that the order ought not to have been made.

(2)

No appeal may be made under this section until the decision to make the order has been reviewed under section 67.

(3)

If an offender lodges an appeal, he or she remains subject to the order while the appeal is determined.

(4)

In the case of an appeal against a final recall order, without limiting the matters that the court may consider in determining the appeal, the court must consider the need to protect the community, or any person or class of persons.

Compare: 1985 No 120 s 107M(1), (3)