Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Public protection orders - Review by court

16: Application by chief executive for review of public protection order

You could also call this:

"Chief executive asks court to check if a public protection order is still needed"

Illustration for Public Safety (Public Protection Orders) Act 2014

The chief executive must ask the court to review a public protection order. You need to know this happens at certain times: within 5 years after the order is made, then within 5 years after the first review, and then every 5 years. The chief executive must also ask for a review when the review panel tells them to.

The court can decide that the chief executive only needs to ask for a review every 10 years, not every 5 years. If the court is considering an application under section 17, the time period for reviewing the order is put on hold until the application is finished. The chief executive must tell every victim of the person with the public protection order that a review application has been made as soon as possible.

The chief executive has to keep track of time to make sure they ask for reviews at the right time. The time period for reviews can be affected by other things happening in court. You should be aware that the chief executive has to inform victims about review applications.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751110.


Previous

15: Review of public protection order by review panel, or

"Checking if a public protection order is still needed to keep people safe"


Next

17: Application for review by person subject to public protection order, or

"Asking the court to review a public protection order that applies to you"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Public protection orders: Review by court

16Application by chief executive for review of public protection order

  1. During the currency of a public protection order, the chief executive must apply to the court for a review of the continuing justification of the order—

  2. within 5 years after the order is made; and
    1. then, within 5 years after the first review; and
      1. then, at intervals of not more than 5 years; and
        1. whenever the review panel directs the chief executive to apply.
          1. Despite subsection (1)(c), the court may direct that the chief executive apply for any subsequent reviews at intervals of not more than 10 years.

          2. For the purpose of calculating any period specified in subsection (1) or (2), if the court grants leave for an application under section 17, the period is suspended until the application is determined or withdrawn.

          3. As soon as practicable after an application is made under subsection (1), the chief executive must advise every victim of the person subject to the public protection order that the application has been made.