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Parole conditions limited under Supreme Court precedent

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WELLINGTON, NEW ZEALAND - JUNE 12: A general view of the coat of arms at the Supreme Court on June 12, 2019 in Wellington, New Zealand. Internet entrepreneur Kim Dotcom is fighting extradition to the United States along with three of his former colleagues - Mathias Ortmann, Bram van der Kolk, and Finn Batat - over the file-sharing website Megaupload. The US Department of Justice has been trying to extradite the men since 2012 on charges of conspiracy, racketeering, and money laundering. An NZ district court permitted the extradition in 2015, leading the defendants to lodge unsuccessful appeals at the High Court and Court of Appeal, prior to this week's Supreme Court appeal. The FBI claims Mr. Dotcom's Megaupload site earned millions of dollars by facilitating illegal file-sharing, however, Dotcom and his co-defendants argue the site simply provided a place for users to store and share...

Photo: Getty Images / Hagen Hopkins

The Supreme Court has effectively limited the parole conditions that can be imposed on an offender.

The case was tested recently with an appeal by child sex offender Brett David Grinder, who was sentenced to preventative detention in 2003 for sex offences against 13 young victims between 1976 and 2001.

When his prison term ended the parole conditions placed on him included a ban on loitering near any place where children might congregate such as schools, parks and swimming pools.

He disputed whether these conditions were proportionate to the risk he posed, and the appeal reached the Supreme Court in October 2024.

The Court agreed that imposing conditions not proportionate to the risk, is a breach of the Bill of Rights Act. Julie-Ann Kincade is the Vice President of the Law Association of New Zealand.