Chief Executive of the Department of Corrections v Parsons

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2016-409-000156 [2017] NZHC 18

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

v

PIERRE JOHN PARSONS

Hearing: On the papers

Judgment:

18 January 2017

JUDGMENT OF NATION J

[1] Mr Parsons is currently subject to an extended supervision order. It expires on 25 January 2017.

[2] The Chief Executive of the Department of Corrections has filed an application for and extended supervision order and an interim supervision order with intensive monitoring in relation to Mr Parsons. Those applications are to be first called in Court on 8 February 2017 at 10.00 am.

[3] The applications were served on Mr Parsons on 23 December 2016. I have now received a memorandum signed by counsel for the Chief Executive and Mr Starling as counsel for Mr Parsons.

[4] Mr Parsons has consented to the interim order remaining in force until the substantive hearing date for the applications. Counsel have confirmed that the
hearing date for the substantive proceedings of 26 April 2017 at 2.15 pm is suitable.

THE CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS v PARSONS [2017] NZHC 18 [18 January
2017]

[5] I am satisfied, and with the consent of Mr Parsons, that in these circumstances it is appropriate to make, and I do make, an order that the respondent, Pierre Parsons, is to be subject to an interim supervision order with intensive monitoring on the standard conditions and the special conditions which are attached to the application dated 22 December 2016. Such interim supervision order is to come into force on 26 January 2017 and continue until the substantive applications filed by the applicant are determined.

[6] The first call hearing of the proceedings on 8 February 2017 at 10.00 am is vacated.

Solicitors:
Raymond Donnelly & Co., Christchurch.

CaseChat Overview and Summary

In the High Court of New Zealand, Christchurch Registry, the Chief Executive of the Department of Corrections has filed an application against Pierre John Parsons for an extended supervision order and an interim supervision order with intensive monitoring. The application, filed under the Criminal Justice Act 2003, was served on Mr Parsons on 23 December 2016, and a memorandum was submitted by both parties on 18 January 2017. The substantive hearing is set for 26 April 2017, with the interim order coming into effect on 26 January 2017, pending the outcome of the substantive applications. Mr Parsons has consented to the interim order remaining in force until the substantive hearing.

The primary legal issue in this case is whether the grounds for the application warrant the imposition of an extended supervision order and an interim supervision order with intensive monitoring. The court must consider the nature and seriousness of the offence committed by Mr Parsons, his criminal history, and the risk he poses to the community if not subject to such orders. The court also needs to weigh the proportionality and necessity of the proposed orders against Mr Parsons' rights and freedoms.

The court, after reviewing the memorandum and considering Mr Parsons' consent, found it appropriate to grant the interim supervision order with intensive monitoring. The order will be in effect from 26 January 2017 until the substantive applications are determined. The court vacated the first call hearing scheduled for 8 February 2017 at 10:00 am. This decision reflects a balance between the need to manage the risk posed by Mr Parsons and his right to a fair and timely hearing on the substantive applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established