In Marino v Chief Executive of the Department of Corrections [2016] NZSC 127 the Supreme Court held that the correct interpretation of the Parole Act 2002 requires all periods of detention to be taken into account from the time of arrest on any charge until an offender is sentenced to imprisonment. This applies in relation to all charges faced during the period after that arrest.

Where someone believes this case applies to them but they are still imprisoned, they should consult a criminal lawyer regarding their release options. They may wish to apply to the Court for a writ of habeas corpus in appropriate cases. People in this category, and people who have already been released but believe they may have been imprisoned for too long taking into account this decision, may wish to consider obtaining advice regarding civil compensation. Compensation may be available by reason of a claim known as false imprisonment. It seems arguable that this kind of claim may be available. Each case would need to be decided on its own facts. A relevant consideration will be that until the date the Marino decision was released, the Department of Corrections was applying the law as it was understood to be at that time.