New Zealand Case Law: Decisions & Judgments

Topic

Interim special conditions

Legal area

Court

10 Feb 2021

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v [2021] NZHC 118

Citation

[2021] NZHC 118
Court

High Court

The Court was satisfied on evidence (clinical report, actuarial instruments ASRS-R, Static-99R, VRS-SO, and treatment engagement records) that the respondent has a pervasive pattern of serious sexual offending and satisfies all s 107IAA(1) factors such that there is a high risk he will reoffend; therefore an ESO is necessary to protect the community and the minimum period required is the statutory maximum of 10 years, to commence on statutory release 25 February 2021; interim special conditions under s 107IA were imposed until the ESO and Parole Board determinations take effect.
11 Dec 2019

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v WAITI [2019] NZHC 3256

Citation

[2019] NZHC 3256
Court

High Court

The Court held that on the evidence (health assessors' reports, actuarial tools and the offender's extensive violent history) the respondent has or had a pervasive pattern of serious violent offending and presents a very high risk of committing a future relevant violent offence; the statutory requirements of s107IAA(2) were satisfied on the evidence as construed for this case; an extended supervision order for five years is the minimum period required for community safety; the Parole Board is required to be directed to impose an intensive monitoring condition with a maximum duration of 12 mon…
28 Mar 2018

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v E [2018] NZHC 556

Citation

[2018] NZHC 556
Court

High Court

The Court independently accepted the assessors' findings that Mr E has a pervasive pattern of serious sexual offending and meets the s 107IAA criteria (sexual preoccupation, predilection, limited self‑regulation, absence of meaningful understanding of harm), poses a high risk of reoffending against children, and therefore a ten‑year extended supervision order with standard conditions and interim special conditions is necessary and proportionate to protect the community.
26 Sept 2017

CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v POPATA [2017] NZHC 2343

Citation

[2017] NZHC 2343
Court

High Court

The Court found the respondent has a pervasive pattern of serious sexual offending and satisfies the s 107IAA criteria (intense sexual drive, proclivity for serious sexual offending, limited self-regulatory capacity, and lack of remorse/understanding), poses at least a high risk of further relevant sexual offending, and therefore an extended supervision order was necessary to protect the public; a seven and a half year ESO with 12 months intensive monitoring and interim special conditions was ordered as the proportionate minimum.

New Zealand Case Law

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v [2021] NZHC 118

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v WAITI [2019] NZHC 3256

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v E [2018] NZHC 556

CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v POPATA [2017] NZHC 2343