16 Jun 2020
LUXTON v NEW ZEALAND POLICE [2020] NZHC 1355
- Citation
- [2020] NZHC 1355
- Court
- High Court
The appeal was allowed and the electronic monitoring conditions were quashed because the application did not present a sufficient evidential basis for imposing electronic monitoring via s94: there was no relevant change in circumstances since sentencing and the probation officer's late affidavit did not justify increasing restrictive measures; the court declined to finally determine the precise scope of s93(3A) but proceeded on ostensible authority and found the substantive justification lacking.
- Electronic monitoring
- Variation of special conditions
- Jurisdiction to impose conditions
- Pre-sentence report requirements
- Risk assessment
- Timing and urgency of applications