Chief Executive of the Department of Corrections v Wilson

[2021] NZHC 3239

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2021-409-000138

[2021] NZHC 3239

BETWEEN

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
Applicant

AND

CALEB WILSON

Respondent

Hearing:	30 November 2021
Appearances:	P A Currie for Applicant M Starling for Respondent
Judgment:	30 November 2021

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 30 November 2021 at 10.00 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

[1]                 The Department of Corrections has applied for an extended supervision order, an interim supervision order and intensive monitoring in relation to Mr Caleb Wilson. Mr Wilson was released on parole on 3 November 2021 and is presently residing at the Salisbury Street Foundation and is subject to standard and special release conditions.

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v WILSON [2021] NZHC 3239

[30 November 2021]

[2]                 The primary concern expressed by counsel for the respondent, Mr Starling, to the making of an interim supervision order with intensive monitoring was whether that would affect Mr Wilson’s ability to continue to reside at the Salisbury Street Foundation.

[3]                 Mr Starling now confirms that he has spoken to staff at the Salisbury Street Foundation and that organisation is able to accommodate Mr Wilson on IM conditions until the substantive hearing next year on the application for an extended supervision order.

[4]                 Accordingly, the interim orders sought by the Chief Executive are not opposed and Mr Starling advises that, by consent, an interim order can be served on Mr Wilson at 11.45 am today.

[5]                 For reasons I will set out in a brief decision to follow, I am satisfied that the statutory test for making an interim supervision order with intensive monitoring is met and I make the order sought by the Chief Executive on the special conditions which are set out in an appendix to the memorandum  of counsel  for the applicant dated     9 November 2021.

Solicitors:
Raymond Donnelly & Co., Christchurch

Copy To:
M Starling, Barrister, Christchurch