The High Court's delivered a decision on a 501 former drug dealer, who has successfully challenged the Government's authority to impose special conditions on his return.
The decision will force Parliament to clarify the law or appeal the decision, as it could have implications for other 501s.
The court has ruled special conditions including residing at a particular address, supplying fingerprints and DNA and attending a rehabilitative assessment or treatment programme, amounted to a penalty beyond what he'd served in Australia.
The judge ordered Police to remove his fingerprints from the national database as well as his photo and DNA.
Auckland University law professor Mark Henaghan says the High Court has made the right decision in this ruling, as it was unjustified to impose these conditions under these circumstances.
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