The lawyer for double-murderer David Tamihere says the Department of Corrections was over-reaching when it claimed that his client breached parole.
In 2010, Tamihere was granted parole after serving 20 years in prison for killing Swedish backpackers Heidi Paakonen and Urban Hoglin in 1989.
He was banned from entering the Coromandel Peninsula where the pair were killed, but last year flew over the area for a television documentary.
Judge David Mathers delivered his decision at the Waitakere District Court on Thursday, dismissing the charge.
The judge said Corrections chose to pursue the charge, even though the Parole Board did not recall Tamihere, and gave Tamihere three weeks to make a claim for costs against the department.
However, Tamihere's lawyer Murray Gibson said his client has legal aid and would not be seeking costs.
Mr Gibson said the judge may have mentioned costs because he thought that the department should never have brought the case.
Corrections said it acknowledges the court decision.
