New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Intellectual disability assessment

Legal area

Court

3 Sept 2021

CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v PORI [2021] NZHC 2305

Citation

[2021] NZHC 2305
Court

High Court

Respondent satisfies s13(1) and s13(2) behavioural criteria and poses a very high risk of imminent serious sexual offending; no less restrictive legal option is adequate because respondent's condition is not amenable to treatment, no existing forensic mental health facility can safely and effectively manage him without recreating Matawhāiti's restrictive environment, therefore s12 direction is declined and a PPO is required and made to protect public safety.
14 Dec 2017

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CHISNALL [2017] NZHC 3120

Citation

[2017] NZHC 3120
Court

High Court

The Court found the s7 threshold was met, respondent was not eligible for detention under the Intellectual Disability Act or Mental Health Act, the four characteristics in s13(2) were each established by evidence to a high level, and on the balance of probabilities there is a very high risk of imminent serious sexual offending if the respondent is left unsupervised; given the enduring nature and magnitude of the risk and limits of less intrusive ESO measures (notably the temporariness of intensive monitoring), the discretion under s13(1) was properly exercised to make a Public Protection Orde…