26 Nov 2021
MCLENNAN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2021] NZCA 629 [26 November 2021]
- Citation
- [2021] NZCA 629
- Court
- Court of Appeal
The Court held the District Court did not err in imposing a five year ESO commencing from the date of judgment because the experts identified the applicant's wife as a critical protective factor and her unexpected death removed that protection, creating a legitimate evidential basis for the District Court's evaluative judgment; the proposed affidavit was not admitted because it was not fresh updating evidence relevant to an error of law or fact that would justify admission on appeal.