New Zealand Case Law: Decisions & Judgments

Topic

Intellectual disability (compulsory care and rehabilitation) act 2003

Legal area

Court

4 Sept 2023

PORI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 407 [30 August 2023]

Citation

[2023] NZCA 407
Court

Court of Appeal

The Court held that while the Chief Executive must consider the appropriateness of applications under ss 45 or 29 following a s 12(2) direction, the Court has no power to compel the Chief Executive to make such an application; however, if the Chief Executive decides to continue with a PPO application the Chief Executive must provide the Court with reasons in sufficient detail to justify proceeding, and where such explanation was provided the High Court may lawfully determine the PPO—therefore the appeal was dismissed.
4 Apr 2023

R v [ALABASTER] [2023] NZHC 734

Citation

[2023] NZHC 734
Court

High Court

The court was satisfied on the evidence of health assessors that the defendant met the statutory definition of intellectual disability and that compulsory care under the ID(CCR) was required both in his own interest and for public safety; the appropriate disposition was to make him a care recipient for two years and to set a 'come up for sentence if called on' condition, and permanent name suppression under s200 CPA was justified because publication would likely cause extreme hardship and was not required in the public interest.
21 Dec 2018

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v R [2018] NZHC 3455

Citation

[2018] NZHC 3455
Court

High Court

The court held the proposed alternative of enforceable 24/7 care based on the respondent's consent was not presently lawfully enforceable and too uncertain to mitigate the very high risk; accordingly the court directed under s12 that the Chief Executive consider an application under s29 of the IDCCR, the interim protection order remains in place, and publication of identifying details is suppressed.

New Zealand Case Law

PORI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 407 [30 August 2023]

R v [ALABASTER] [2023] NZHC 734

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v R [2018] NZHC 3455