23 Mar 2023
WHICHMAN v DEPARTMENT OF CORRECTIONS [2023] NZHC 603
- Citation
- [2023] NZHC 603
- Court
- High Court
The EM special condition was lawful and properly imposed because it was tailored to Whichman's demonstrated risk to the identified victim, served a legitimate protective function (deterrence and early detection), was the least restrictive means appropriate given the risk, and its duration and scope were proportionate and not more onerous or longer than required for victim safety under Sentencing Act s93(3) and Parole Act principles; embarrassment or impediments to reintegration did not outweigh the protection required.