New Zealand Case Law: Decisions & Judgments

Topic

Child protection registration

Legal area

Court

14 Dec 2021

MITCHELMORE v R [2021] NZHC 3432

Citation

[2021] NZHC 3432
Court

High Court

The High Court found no error in the District Court judge's exercise of discretion; given the seriousness of the offending (young vulnerable victim, breach of trust, intrusiveness and repetition), prior similar convictions, assessed high risk of reoffending and the need for denunciation and deterrence, imprisonment was the least restrictive appropriate sentence and home detention or reserved leave to apply was properly declined.
9 Dec 2021

C v POLICE [2021] NZHC 3384

Citation

[2021] NZHC 3384
Court

High Court

Although the appellant's possession of very serious child exploitation material met the s 9(2) threshold because a low but real risk of reoffending remained, the imposition of a registration order was disproportionate on the facts: the limited protective benefit of s 16 reporting requirements (which do not permit internet traffic monitoring), the appellant's low assessed risk and lack of contact offending, and rehabilitation access constraints meant the intrusion on his rights was not justified, so the registration order must be quashed.
26 Oct 2021

LAIPATO v R [2021] NZCA 562

Citation

[2021] NZCA 562
Court

Court of Appeal

The Court held the District Court's starting point of 10 years and the one-year uplift were within the available range and not manifestly excessive; the s 27 report was not cogent evidence of diminished culpability or addiction and therefore was not admitted as fresh evidence; extension of time to appeal was granted but the appeal was dismissed.

New Zealand Case Law

MITCHELMORE v R [2021] NZHC 3432

C v POLICE [2021] NZHC 3384

LAIPATO v R [2021] NZCA 562