Brown v Police

[2016] NZHC 894

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2016-485-34 [2016] NZHC 894

BETWEEN

MATTHEW BROWN

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	On the papers
Counsel:	M R Brown (in person) S C Carter for Respondent
Judgment:	5 May 2016

JUDGMENT OF WILLIAMS J

[1]      Mr Brown filed a “Notice of appeal” dated 22 April 2016 in which, it seems, he seeks leave to appeal a decision of Judge Davidson in the District Court in Wellington  on  6 April  2016  refusing  to  issue  35  witness  summonses  in  aid  of Mr Brown’s defence, and refusing to transfer the trial to Dunedin where Mr Brown lives.

[2]      When the transfer application came before Judge Davidson on 6 April 2016, Mr Brown was to join the hearing by AVL but failed to appear at the District Court in Dunedin.   He said he was unaware of the arrangement.   Judge Davidson rather doubted that that was so given the evidence he had seen of an email sent to the defendant about the hearing.

[3]      The substantive proceeding involves a charge of criminal trespass in relation to the grounds of Parliament.

[4]      Mr  Brown’s  filings  are  voluminous,  tendentious,  and  only  occasionally

relevant.   But the essence of his case in terms of his application for leave is that

BROWN v NEW ZEALAND POLICE [2016] NZHC 894 [5 May 2016]

Judge Davidson had formerly acted for Mr Brown when he was a practitioner and should have recused himself and that Mr Brown was not given a hearing.

[5]      He has now filed a memorandum asking that the application for leave to appeal also be heard by way of AVL.  The Crown abides but notes, given the nature of Mr Brown’s communications with the Court that control over the proceedings by AVL may prove more difficult.

[6]      To complicate matters, Mr Brown indicates he has a MacKenzie friend who he wishes to appear with him.   Whether that will be allowed, will of course be a matter for the Judge who hears the application for leave.

[7]      I  direct  that  the  applicant  be  permitted  to  join  the  hearing  of  his  leave application by AVL.

Williams J

Solicitors:

Crown Solicitor, Wellington cc: M R Brown