4 Sept 2023
PORI v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2023] NZCA 407 [30 August 2023]
- Citation
- [2023] NZCA 407
- Court
- Court of Appeal
The Court held that while the Chief Executive must consider the appropriateness of applications under ss 45 or 29 following a s 12(2) direction, the Court has no power to compel the Chief Executive to make such an application; however, if the Chief Executive decides to continue with a PPO application the Chief Executive must provide the Court with reasons in sufficient detail to justify proceeding, and where such explanation was provided the High Court may lawfully determine the PPO—therefore the appeal was dismissed.