7 Dec 2018
DEPARTMENT OF CORRECTIONS v McCORD [2018] NZHC 3195
- Citation
- [2018] NZHC 3195
- Court
- High Court
Although statutory preconditions for an IDO were met and expert evidence established the respondent exhibits the s13(2) characteristics and would pose a very high risk if wholly unsupervised, the court declined the interim detention order because the current ESO conditions (residence at Spring Hill, 12 hour curfew, GPS monitoring, and full‑time daytime accompaniment by an approved agency) sufficiently mitigate the opportunity and immediacy of risk for the three to four months until the substantive PPO hearing; the court exercised its discretion in favour of the less intrusive regime and reser…