9 May 2023
TE PANIA v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 161
- Citation
- [2023] NZCA 161
- Court
- Court of Appeal
The Court confirmed the 2022 ESO was necessary to manage the appellant's ongoing high risk of sexual offending but held the intensive monitoring condition was not the least restrictive means to mitigate public risk because proper implementation of residential and supervision conditions (as in the 2016 ESO) would have addressed the risk; accordingly the IM condition was set aside while the 10-year ESO was confirmed.