THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v PARSONS [2017] NZHC 18
Because the respondent consented and the circumstances justified continued supervision pending a substantive hearing, the court made an interim supervision order with intensive monitoring on the standard and special conditions attached to the application, effective 26 January 2017 and continuing until determination...
Source-derived case information.
- Citation
- [2017] NZHC 18
- Parties
- Applicant: The Chief Executive of the Department of Corrections; Respondent: Pierre John Parsons
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 18 January 2017
- Procedural Posture
- Criminal Application for Extended Supervision Order / Interim Supervision Order Granted; Substantive Hearing Scheduled; First Call Vacated
- Outcome
- Interim supervision order with intensive monitoring granted and ordered to continue until determination of the substantive applications; first call vacated; substantive hearing scheduled.
- Legal Topics
- Extended Supervision Order, Interim Supervision Order, Intensive Monitoring, Supervision Conditions
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Chief Executive of the Department of Corrections
Applicant
Pierre John Parsons
Respondent
Procedural Posture
Criminal Application for Extended Supervision Order / Interim Supervision Order Granted; Substantive Hearing Scheduled; First Call Vacated
Legal Issues
- 1 Whether an interim supervision order with intensive monitoring should remain in force pending a substantive hearing
- 2 Whether it is appropriate to vacate or reschedule the first call hearing in light of consent to the interim order
Ratio Decidendi
Because the respondent consented and the circumstances justified continued supervision pending a substantive hearing, the court made an interim supervision order with intensive monitoring on the standard and special conditions attached to the application, effective 26 January 2017 and continuing until determination of the substantive applications; the first call was vacated and the substantive hearing was scheduled for 26 April 2017 at 2.15 pm.
Court Disposition
Interim supervision order with intensive monitoring granted and ordered to continue until determination of the substantive applications; first call vacated; substantive hearing scheduled.
Orders
- Interim supervision order with intensive monitoring on the standard conditions and the special conditions attached to the application dated 22 December 2016 to come into force on 26 January 2017 and continue until the substantive applications are determined.
- Substantive hearing listed for 26 April 2017 at 2.15 pm.
Full Case Text
Judgment text and source record
1 paragraphs
THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v PARSONS [2017] NZHC 18 [18 January 2017]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCRI-2016-409-000156[2017] NZHC 18THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONSvPIERRE JOHN PARSONSHearing: On the papersJudgment: 18 January 2017JUDGMENT OF NATION J[1] Mr Parsons is currently subject to an extended supervision order. It expires on 25 January 2017.[2] The Chief Executive of the Department of Corrections has filed an application for and extended supervision order and an interim supervision order with intensive monitoring in relation to Mr Parsons. Those applications are to be first called in Court on 8 February 2017 at 10.00 am.[3] The applications were served on Mr Parsons on 23 December 2016. I have now received a memorandum signed by counsel for the Chief Executive and Mr Starling as counsel for Mr Parsons.[4] Mr Parsons has consented to the interim order remaining in force until the substantive hearing date for the applications. Counsel have confirmed that the hearing date for the substantive proceedings of 26 April 2017 at 2.15 pm is suitable.[5] I am satisfied, and with the consent of Mr Parsons, that in these circumstances it is appropriate to make, and I do make, an order that the respondent, Pierre Parsons, is to be subject to an interim supervision order with intensive monitoring on the standard conditions and the special conditions which are attached to the application dated 22 December 2016. Such interim supervision order is to come into force on 26 January 2017 and continue until the substantive applications filed by the applicant are determined.[6] The first call hearing of the proceedings on 8 February 2017 at 10.00 am is vacated.Solicitors:Raymond Donnelly & Co., Christchurch.