19 Dec 2016
CHISNALL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 620 [19 December 2016]
- Citation
- [2016] NZCA 620
- Court
- Court of Appeal
Interim detention orders under s 107 of the Public Safety Act are sufficiently intrusive that the court should apply the same high threshold as for a final public protection order (s 13): the Chief Executive must prove on the balance of probabilities that the respondent poses a very high risk of imminent serious sexual or violent offending and exhibits the specified severe disturbance to a high level; on the facts the Court was satisfied that threshold was met and dismissed the appeal.