New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 107iaa

Legal area

Court

9 Dec 2019

Chief Executive of the Department of Corrections v M [2019] NZHC 3231

Citation

[2019] NZHC 3231
Court

High Court

The application for an ESO was refused because the applicant did not satisfy the court that M presently possessed the statutory characteristics in s 107IAA(a) and s 107IAA(d) such as to establish a high risk of future relevant sexual offending under ss 107I(2) and 107IAA(1).
1 Oct 2019

NEPIA v CORRECTIONS [2019] NZHC 2485

Citation

[2019] NZHC 2485
Court

High Court

The Court was satisfied on the balance of the s107IAA(1) criteria, informed by contemporaneous expert reports, absence of reoffending or breaches since release, demonstrable community reintegration and support, and relevant mitigating factors (age, remorse, voluntary disclosure of additional offending and treatment), that the applicant does not pose a high risk of committing a relevant sexual offence during the remaining term and thus the Court exercised its discretion to cancel the ESO.