Stewart Wilson was jailed for 21 years in 1996 after being found guilty of numerous sex offences including rape and bestiality.
Wilson was due to be released in December 2008, but the Corrections Department successfully sought the special order to continue holding him in jail after that date.
Wilson appealed against that decision to the High Court but his appeal was dismissed.
On Tuesday he asked the Court of Appeal to consider the case.
Crown lawyer Austin Powell said those subject to special orders can only appeal to the High Court and Wilson had already done that.
He said the special order was made to protect the community from those at higher risk of reoffending.
The court reserved its decision.
