Chief Executive of the Department of Corrections

[2021] NZHC 897

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CRI-2020-425-000038

[2021] NZHC 897

UNDER

the Parole Act 2002

IN THE MATTER

of an application pursuant to sections 107F and 107IAB of the Act

BETWEEN

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Applicant

AND

GUSTAFOHAM HARRIS

Respondent

Hearing:	27 April 2021
Counsel:	R W Donnelly (via AVL) for Applicant D J Matthews for Respondent
Judgment:	27 April 2021

JUDGMENT OF BREWER J

Solicitors:

Preston Russell Law (Invercargill) for Applicant

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v HARRIS [2021] NZHC 897 [27 April 2021]

[1]    The applicant applies for an extended supervision order against Mr Harris. Mr Harris does not oppose the application.

[2]    The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk of committing serious sexual or violent offences.

[3]    Mr Harris is an offender eligible for an extended supervision order. I am satisfied, having considered the matters addressed in the health assessor’s report dated 6 August 2020, that Mr Harris is at high risk of committing a relevant sexual offence in the future. I have satisfied myself that the factors set out in s 107IAA of the Parole Act 2002 (the Act) apply to Mr Harris.

[4]    The application is granted.  I make an extended supervision order against   Mr Harris. The order will commence on his statutory release date of 17 May 2021. The term of the extended supervision order is 10 years. By operation of statute, the conditions of the extended supervision order are the standard conditions set out in     s 107JA of the Act.

[5]    The applicant applies also pursuant to s 107IAB of the Act for an order requiring the New Zealand Parole Board to impose an intensive monitoring condition on Mr Harris. The application is not opposed. Given Mr Harris’s history of accosting children and offending sexually against them, I am satisfied that I should make the order.

[6]    I make an order requiring the Parole Board to impose an intensive monitoring condition on Mr Harris requiring him to submit to being accompanied and monitored, for up to 24 hours a day, by an individual who has been approved, by a person authorised by the Chief Executive, to undertake person-to-person monitoring. The maximum duration of this condition is 12 months.

Brewer J