20 Sept 2021
KERR v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2021] NZHC 2347
- Citation
- [2021] NZHC 2347
- Court
- High Court
The Court found the applicant met the statutory criteria for entrenched deviant urges and predilection/proclivity but did not meet the criteria for limited self-regulatory capacity or lack of remorse/understanding; because not all s107IAA characteristics were present the applicant did not legally constitute a high risk, but the Court exercised its discretion under s107M(4) to decline cancellation on grounds that his positive progress is recent, reliant on institutional supports and untested in the community counterfactual and that more sustained medium-term evidence and fuller family/support…