New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Statutory interpretation of s107iaa

Legal area

Court

11 Dec 2019

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v WAITI [2019] NZHC 3256

Citation

[2019] NZHC 3256
Court

High Court

The Court held that on the evidence (health assessors' reports, actuarial tools and the offender's extensive violent history) the respondent has or had a pervasive pattern of serious violent offending and presents a very high risk of committing a future relevant violent offence; the statutory requirements of s107IAA(2) were satisfied on the evidence as construed for this case; an extended supervision order for five years is the minimum period required for community safety; the Parole Board is required to be directed to impose an intensive monitoring condition with a maximum duration of 12 mon…
18 Jul 2018

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v THOMPSON [2018] NZHC 1821

Citation

[2018] NZHC 1821
Court

High Court

On the evidence and health assessors' reports the Court was satisfied the offender has or has had a pervasive pattern of serious sexual offending and met each mandatory requirement of s107IAA (intense drive/urge, predilection/proclivity, limited self-regulatory capacity, lack of remorse/understanding), such that there is a high risk of future relevant sexual offending; an extended supervision order for five years, the minimum period required for community safety in light of risk trajectory and likely duration of elevated risk, was therefore imposed.