New Zealand Case Law: Decisions & Judgments

Topic

Public protection order (ppo)

Legal area

Court

26 Oct 2023

DOUGLAS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 522 [26 October 2023]

Citation

[2023] NZCA 522
Court

Court of Appeal

The court adjourned the r29A extension application to the hearing of the appeal against the 2023 High Court judgment because the panel hearing that appeal is best placed to determine both the leave application and the substantive issues; interests of justice, finality and efficiency require a single hearing to avoid separate panels and duplication.
8 May 2023

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v DOUGLAS [2023] NZHC 1085

Citation

[2023] NZHC 1085
Court

High Court

On the five‑year review the Court concluded, on the balance of probabilities, the reports and expert evidence establish to a high level that the respondent continues to exhibit the four s13(2) characteristics (including an absence of meaningful understanding or concern for victims) and that there remains a very high risk of imminent serious sexual offending if he were left unsupervised; Chisnall does not require a different construction of s13(2)(c) and does not displace the finding, so the PPO continues.
27 Apr 2017

CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v MCINTOSH [2017] NZHC 793

Citation

[2017] NZHC 793
Court

High Court

The Court approved withdrawal of the PPO application because the Parole Board had varied the respondent's ESO to impose conditions that sufficiently addressed the Chief Executive's public protection concerns; accordingly the proceedings were ordered discontinued effective upon commencement of those amended ESO conditions and the interim detention order was discharged on that contingency; the Court permanently sealed the file because of the sensitive nature of materials filed by the applicant and personal information provided by the respondent.
21 Dec 2016

THE CHIEF EXECUTIVE OF THE DEPARTMENT FOR CORRECTIONS v DOUGLAS [2016] NZHC 3184

Citation

[2016] NZHC 3184
Court

High Court

All four s13(2) characteristics (intense sexual drive, limited self-regulation, absence of operative victim empathy, and poor interpersonal relationships/social isolation) were established by evidence to a high level and together demonstrate a severe disturbance in behavioural functioning; on the balance of probabilities the respondent therefore poses a very high risk of imminent serious sexual offending if unsupervised or released, and a Public Protection Order is warranted (PPO imposed rather than ESO due to primacy of protecting potential victims and insufficiency of certainty from a 12-mo…

New Zealand Case Law

DOUGLAS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 522 [26 October 2023]

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v DOUGLAS [2023] NZHC 1085

CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v MCINTOSH [2017] NZHC 793

THE CHIEF EXECUTIVE OF THE DEPARTMENT FOR CORRECTIONS v DOUGLAS [2016] NZHC 3184