New Zealand Case Law: Decisions & Judgments

Topic

Registration orders

Legal area

Court

20 Jul 2021

W (CA642/2019) v NEW ZEALAND POLICE [2021] NZCA 326

Citation

[2021] NZCA 326
Court

Court of Appeal

Fresh post-sentence evidence was declined because it was not cogent for risk assessment absent qualified professional opinion and could generate conflicting factual inquiries requiring further hearing; the s9(2) threshold was met and on balance of s9(3) factors (serious, premeditated covert offending involving many young children, compulsivity, victim impact and reoffending on bail) the risk posed was assessed as significant and the intrusion of mandatory s16 reporting obligations was proportionate, therefore a registration order under s9(1) was required and the appeal was dismissed.
9 Feb 2021

D (SC 31/2019) v NEW ZEALAND POLICE [2021] NZSC 2

Citation

[2021] 1 NZLR 213
Court

Supreme Court

By majority the Supreme Court held s 9(1) of the Registration Act did not lawfully apply to offenders who committed qualifying offences before the Act came into force but were convicted and sentenced after that date because the statute was not sufficiently clear to displace the presumption against retrospective penalties under s 6 of the Sentencing Act and s 25(g) of the Bill of Rights; applying that conclusion the registration order was quashed (the Court also set out the proper two‑stage approach to s 9 assessments).
10 Aug 2017

FOWLER v THE QUEEN [2017] NZHC 1892

Citation

[2017] NZHC 1892
Court

High Court

The court held that s9 requires satisfaction that the offender poses the risk characteristic of a 'serious child sex offender' before registration is permissible; on the facts the appellant's risk was assessed as relatively low given the pre-sentence report, protective and rehabilitative conditions of intensive supervision, the small age gap and consensual nature of the contact, and therefore the threshold under s9(2) was not met and the exercise of discretion weighed against registration; the registration order was quashed.

New Zealand Case Law

W (CA642/2019) v NEW ZEALAND POLICE [2021] NZCA 326

D (SC 31/2019) v NEW ZEALAND POLICE [2021] NZSC 2

FOWLER v THE QUEEN [2017] NZHC 1892