B v Police

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF ANY COMPLAINANT UNDER THE AGE OF 18 YEARS PROHIBITED BY S 204 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF APPELLANT IN ACCORDANCE WITH

[5] OF THIS JUDGMENT.

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CRI-2021-485-000057

[2021] NZHC 2078

BETWEEN
B

Appellant

AND

THE NEW ZEALAND POLICE

Respondent

Hearing: 10 August 2021

Counsel:

C Stanley for the Appellant J Garden for the Respondent

Judgment:

11 August 2021

JUDGMENT OF GWYN J

[1] The appellant, Mr B, faces one charge of supplying a Class B drug (ecstasy).1 He has entered a plea of not guilty and elected trial by jury.

[2] On 11 August 2021, I dismissed Mr B’s appeal from the District Court decision declining his application for continuation of name suppression (the decision).2

1 Misuse of Drugs Act 1975, s 6(1)(c) and 2(b); maximum penalty 14 years’ imprisonment.
2 B v Police [2021] NZHC 2073.

B v THE NEW ZEALAND POLICE [2021] NZHC 2078 [11 August 2021]

[3] Mr B is considering an application for leave to appeal the decision to the Court of Appeal, under s 289 of the Criminal Procedure Act 2011.

[4] Accordingly, he seeks the continuation of interim name suppression until the expiry of the time for filing of the application for leave to appeal (5.00 pm on 7 September 2021), or earlier if a decision is made not to appeal the judgment.

[5] I grant the application, pursuant to s 292 of the Criminal Procedure Act 2011. Interim name suppression will continue until 5.00 pm on 7 September 2021 (or earlier if Mr B elects not to appeal the decision and the Court advises accordingly).

Gwyn J

Solicitors:
Crown Solicitor, Wellington
Thomas Dewar Sziranyi Letts, Lower Hutt

CaseChat Overview and Summary

In the High Court of New Zealand, Mr. B appealed against the District Court's decision to deny his application for the continuation of name suppression. The District Court had ruled against Mr. B’s request to keep his identity concealed during the trial and any subsequent proceedings. Mr. B faced a charge of supplying a Class B drug, specifically ecstasy, and had entered a plea of not guilty, opting for a trial by jury. In light of his ongoing appeal, Mr. B sought to maintain the interim name suppression until the decision on whether to appeal to the Court of Appeal was made or until the deadline for filing the appeal passed.

The primary legal issue before the court was whether the appellant should be granted the continuation of interim name suppression pending his decision on whether to appeal the District Court's decision. The court had to balance Mr. B's right to privacy and the presumption of innocence against the public's interest in the transparency of the criminal justice process. The court also had to consider whether the appellant's decision to appeal would impact the public interest in the case.

The court determined that the interim name suppression should be continued until 5.00 pm on 7 September 2021, or earlier if Mr. B decided not to appeal the decision. The judge, Gwyn J, granted the application for the continuation of interim name suppression under section 292 of the Criminal Procedure Act 2011. The reasoning was that maintaining the name suppression during this period would not unduly prejudice the public interest in the administration of justice. The court acknowledged the appellant's right to privacy and the presumption of innocence, which are critical aspects of the criminal justice system. The decision was made to ensure that these rights were protected while allowing Mr. B to consider his options regarding the appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Hearing:	10 August 2021
Counsel:	C Stanley for the Appellant J Garden for the Respondent
Judgment:	11 August 2021