A review of the Registrar's decision (Parker)

[2021] NZHC 1799

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

[2021] NZHC 1799

IN THE MATTER OF

A review of the Registrar’s Decision

(Parker)

On the papers
Judgment:	15 July 2021

JUDGMENT OF MALLON J

[1]    On 9 July 2021, David Parker attempted to file a notice of appeal written on both sides of an envelope in the Wellington High Court. He claimed it was a notice that he wished to appeal a District Court decision. The Registrar refused to accept it for filing due to a lack of required information. Mr Parker seeks to review that decision to refuse to file it.

[2]    The envelope requests that it be placed before a judge, refers to s 12 of the Bail Act, refers to a “right to remain silent”, and says he appeals a matter currently (Monday 5th) before the Wellington District Court due to illness and Police stealing a legal document. It says this is “circa everything discussed today and letter [dated] 5/July/2021”. It also says he wishes to place charges “possibly or probably not” under the “Crimes of Torture Act 1989?”, then refers to the Supreme Court, Privy Council and High Court. It is signed by Mr Parker and includes some of his details, but says “address unknown”.

[3]    As well as advising that it was not accepted for filing at the time, the Registrar also subsequently confirmed this in writing. The Registrar referred to the Criminal Procedure Rules 2012, rr 8, 2.1 and 2.9, which provide:

A review of the Registrar’s Decision (Parker) [2021] NZHC 1799 [15 July 2021]

8.4Information required for notice of appeal or notice of application for leave to appeal

(1)A notice of appeal or notice of application for leave to appeal must include—

(a)particulars of the appellant; and

(b)particulars of the decision for which leave is being sought to appeal or that is being appealed, including the date and place at which it was made; and

(c)a copy of the decision against which the appeal is sought to be made (if available); and

(d)the grounds of the appeal; and

(e)the section of the Act relied on for appeal or to be relied on if leave is granted.

(2)In addition to the information required under subclause (1), the notice must also include particulars of such of the following as are applicable:

(a)lawyer’s contact details:

(b)legal aid status:

(c)the prison at which the appellant is located:

(d)if there is to be an oral hearing, whether the appellant seeks leave to be present under section 326 of the Act and, if so, why:

(e)whether the appeal or application for leave to appeal is out of time and, if so, the reasons for seeking an extension of time:

(f)if the proposed appeal relates to the admissibility of evidence at trial, the disputed evidence in question and its relevance to the trial:

(g)if the proposed appeal challenges the exercise of a judicial discretion, why the challenge meets the criteria for reversing the exercise of a discretion:

(h)if the proposed appeal challenges a factual finding in the decision to be appealed, the evidence to be relied on:

(i)any exhibits required for the appeal:

(j)in relation to a pre-trial determination, when the trial is likely to be.

(3)A notice of application for leave to appeal must also include,—

(a)in the case of an application for leave to appeal to which section 328 of the Act applies, whether the appellant seeks the application for leave to be considered at an oral hearing and any arguments in support:

(b)any other information relevant to whether the application should be considered at an oral hearing or on the papers.

2.1      Content of documents

(1)This rule applies to any document, other than a charging document, that is required by the Act or these rules to be filed, served, or issued.

(2)The document must, in addition to the information required by the Act or these rules, include (if known)—

(a)the name and place of the court where proceedings to which the document relates will be heard; and

(b)the CRI or CRN; and

(c)the names of the parties to the proceeding; and

(d)the names of the prosecutor and any lawyer or representative conducting the defendant’s case; and

(e)the section of the Act or provision of the rules to which the document relates.

2.9      Parties must provide address for service

(1)The parties must, as soon as practicable after the proceedings are commenced, notify each other and the court of their address for service, which address must,—

(a)if a party has a postal address, include that postal address; and

(b)if a party has an email address for receiving documents while conducting proceedings under the Act, include that email address.

(2)An address for service on a defendant may be an address provided by a lawyer representing the defendant.

(3)The parties must notify each other and the court of any changes to their address for service.

[4]    The Registrar said the information on the envelope did not set out the decision being appealed, the grounds of appeal, or the section of the Act relied upon, for the purposes of r 8.4(1). It also did not specify whether he wanted an oral hearing, what the basis is for a challenge to admissibility, factual finding or disputed evidence, or what exhibits are required for the appeal hearing, for the purposes of r 8.4(2).

[5]    The Registrar added that it also did not include the registry in which the appeal is to be heard, the relevant CRI or CRNs to which the appeal relates, or the names of the respondent and their counsel, as required by r 2.1, nor an address for service for the purposes of r 2.9.

[6]    The Registrar also noted the envelope indicated Mr Parker might want to place charges under the Crimes of Torture Act 1989, and said private prosecutions should first be filed in the District Court and recommended he take legal advice.

[7]    Subsequently, Mr Parker has provided a copy of his bail bond and charging document from the District Court. He also refused to complete the notice of appeal form, writing “this form is ‘illegal’ circa lots of law, reference Supreme Court application – treaty of Waitangi”, as well as writing “illegal act” with an arrow toward the Criminal Procedure Act 2011 written on the form. He also wrote “N/A” in every space on the form, although did tick that he requested an oral hearing. He signed and dated the form.

[8]    The charging document and bail bond indicates he faces a charge of doing an indecent act in public, the charge has been adjourned and he is on bail. He has written on a copy of the bail bond that “this is an illegal and fraudulent document … breaches the Crimes of Torture Act 1989”.

[9]    The form indicates he wants an oral hearing and the bail bond provides the CRI number. From what is provided it appears that the likely respondent is the Police (as the prosecutors of the offence) and he possibly intends to challenge the bringing of the charge against him and/or the fact he is subject to a bail bond with conditions. Rule 2.9 requires an address to be provided  as  soon  as  practicable  –  the  bond  indicates Mr Parker has no fixed abode, so this may be why it was not practicable to give an address at the time he attempted to file the notice.

[10]   It remains the position that the decision he wishes to appeal is unclear but, even if I infer that it relates to the bringing of the charge and/or that he is subject to bail conditions, no sufficient grounds or explanation for the appeal are provided (the reference to illegal documents and breaches of the Crimes of Torture Act are not proper

grounds). In addition, the envelope is unclear and the notice of appeal form had “N/A” written across it with a statement the form was “illegal”. Even with the bail bond and charging document, there remains insufficient required information to accept the notice of appeal. The Registrar was correct to not accept filing and Mr Parker’s review is declined.

Mallon J