New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Residential restriction

Legal area

Court

20 Sept 2019

WOODS v NEW ZEALAND POLICE [2019] NZCA 446

Citation

[2019] NZCA 446
Court

Court of Appeal

The Court held (majority) that (1) leave to bring the second appeals was granted; (2) a right of appeal exists under s244 CPA from a District Court decision on a s94 Sentencing Act application to vary release conditions because such variations form part of the sentencing disposition; and (3) the special release conditions imposed (electronic monitoring by GPS, approved residence with an overnight curfew, and participation in a daytime reintegration programme) satisfied s93(3) Sentencing Act purposes and, read together, did not amount to a prohibited s15(3)(ab)/s33 Parole Act residential restr…
24 Aug 2018

WOODS v NZ POLICE [2018] NZHC 2189

Citation

[2018] NZHC 2189
Court

High Court

The challenged conditions were lawful: the curfew and electronic monitoring did not amount to a s 33 residential restriction because the appellant was not subject to all s 33(2) requirements; all challenged conditions exhibited a rational nexus to the purposes in s 93(3), and were necessary and proportional given the appellant's high risk and rehabilitative needs; the programme condition fell within s 15(3)(b)/s16 as a permissible placement and aimed to facilitate rehabilitation and reintegration.