CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CLEMENTS [2021] NZHC 1206

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CLEMENTS [2021] NZHC 1206 [27May 2021]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECRI-2021-409-11[2021] NZHC 1206UNDER the Parole Act 2002IN THE MATTER of an application for an ExtendedSupervision Order and Intensive MonitoringBETWEEN CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSApplicantAND REUBEN JOHN CLEMENTSRespondentHearing: 27 May 2021Appearances: P A Currie for ApplicantT R Nicholls for RespondentRespondent in person (by AVL from Rimutaka Prison)Judgment: 27 May 2021ORAL JUDGMENT OF OSBORNE J[Results judgment]This judgment was delivered by me on 27 April 2021 at 9.24 amRegistrar/Deputy RegistrarDate:[1] The Chief Executive of the Department of Corrections applies for an ExtendedSupervision Order (ESO) to be made in relation to Reuben John Clements for a periodof 10 years.1[2] The Chief Executive also applies for an order that Mr Clements be subject tointensive monitoring (for 12 months).2[3] Mr Clements does not oppose the making of an ESO for ten years or the makingof an order for intensive monitoring.[4] While Mr Clements did not oppose the making of such orders, I still must besatisfied that the statutory requirements for making such orders have been met.[5] I have considered:(a) the health assessor's reports (18 February 2020 and 17 November 2020)of Katrina Falconer Beach (a registered clinical psychologist); and(b) a report (18 September 2020) of Dr Clare Brindley, who is also aregistered clinical psychologist as well as a forensic psychologist andneuropsychologist.[6] I have found the statutory requirements for the making of the two ordersestablished (for reasons which I will state in a judgment to follow).Orders[7] The orders I therefore make are these. I order:(a) there is in relation to Reuben John Clements an extended supervisionorder, for a term of 10 years commencing on 26 December 2020; and1 Under Parole Act 2002, s 107F.2 Under s 107IAB.(b) an intensive monitoring condition attaches to this extended supervisionorder until 27 May 2022.[8] I acknowledge the responsibility which Mr Clements has shown, havinginitially opposed the making of these orders, by coming to withdraw that opposition.[9] I thank you, Mr Nicholls, for the role you have played in guiding and assistingMr Clements and I thank you, Ms Currie, for your helpful submissions.[10] Finally, I acknowledge the quality of the reports which the Court received andI ask that counsel for the Chief Executive pass this acknowledgment on to the reportwriters.Osborne JSolicitors:Crown Solicitor, ChristchurchT R Nicholls, Barrister, Christchurch