22 Sept 2020
THE DEPARTMENT OF CORRECTIONS v MCCORKINDALE [2020] NZHC 2484
- Citation
- [2020] NZHC 2484
- Court
- High Court
The respondent meets the s13 threshold for a PPO, but the court concluded the 2016 Extended Supervision Order with the Parole Board's 2017 special conditions placing him at Salisbury Street Foundation constitutes a lawful, adequate, and least restrictive alternative: the conditions amount to a reintegration programme with necessary supervision rather than unlawful intensive monitoring, the wording of the care condition should be reviewed but is not fatal, the respondent's informed consent and expert evidence support community placement, and therefore a PPO is declined.