Chief Executive of the Department of Corrections v White

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2023-409-134

[2023] NZHC 3862

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

v

CHRISTOPHER JAMES WHITE

Hearing: 31 October 2023

Appearances:

A Mills for the Applicant

M Starling for the Respondent

Judgment:

31 October 2023

ORAL JUDGMENT OF PRESTON J

This judgment was delivered by me on 2023 at pm, pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v WHITE [2023] NZHC 3862 [31
October 2023]

[1] Mr White I have had regard to the information set out in the health assessor, Ms Averill’s, report dated 22 May 2023 and her further evidence at the hearing this morning. I have also considered the additional material handed up at the hearing this morning, in particular the decision of Judge Saunders on the Chief Executive’s 2020 application for an extended supervision order. Which as you know the court declined at that time. Having carefully considered all that information I am satisfied that an extended supervision order is necessary and appropriate in your case to protect the community.

[2] I am satisfied in other words that there is strong justification for such an order. Further I am satisfied that the order should be imposed for a five year term as sought, being the minimum period required for the safety of the community. The start date of that order is your statutory release date 9 January 2024. Accordingly, I now make that order with my reasons to follow.

[3] So that means that you will receive the reasons in time. I will get them out to counsel as soon as I am able but it may be some wee while.

[4] I also grant the Chief Executive’s application for an interim supervision order pursuant to s 107IA. The interim order is made on the standard conditions and on the special conditions set out in the memorandum of counsel for the Chief Executive dated 26 October 2023.

………………………………………

Preston J

Solicitors:
Crown Solicitor’s Office, Christchurch for the Applicant M Starling Barrister, Christchurch for the Respondent

CaseChat Overview and Summary

In the High Court of New Zealand Christchurch Registry, the Chief Executive of the Department of Corrections sought an extended supervision order against Christopher James White, following his release from prison. The legal issues revolved around whether such an order was necessary for the protection of the community and, if so, the appropriate duration of the order. The court had to consider the health assessor's report, evidence from the hearing, and a prior decision on a similar application.

The court found that there was a strong justification for an extended supervision order, given the need to protect the community. The court was satisfied that a five-year term was the minimum period required to ensure community safety. The order was set to commence on White's statutory release date of 9 January 2024. Additionally, the court granted the Chief Executive's application for an interim supervision order under section 107IA, with conditions outlined in the memorandum of counsel.

The court's decision was based on a comprehensive assessment of the available information, including the health assessor's report and the previous judicial decision. The court determined that the extended supervision order was necessary to safeguard the community, and the five-year term was the appropriate duration to achieve this goal. The interim supervision order was granted on the specified conditions, ensuring that White's release was managed effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established