Burgess v Field

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IN THE SUPREME COURT OF NEW ZEALAND
SC 87/2007
[2007] NZSC 110
BETWEENPHILLIP HANS FIELD

Applicant

ANDMALCOLM JAMES BURGESS

Respondent

Court:Elias CJ, McGrath and Anderson JJ
Counsel:S I Perese for Applicant

J C Pike for Respondent

Judgment:17 December 2007

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

[1]       Mr Field applies for leave to appeal against a judgment of the Court of Appeal which held that it had no jurisdiction to hear an appeal against a decision of the High Court. That Court has given leave to the police to prosecute Mr Field for an alleged offence of bribery and corruption as a Member of Parliament under s 103 of the Crimes Act 1961.
[2]       At the heart of the Court of Appeal’s reasoning is that the Crimes Act does not provide a right of appeal against a Judge’s decision to give leave to prosecute under s 103. The matter is not a civil proceeding and the provisions of s 66 of the Judicature Act giving rights of appeal against decisions in the civil jurisdiction do not apply.
[3]       Counsel for Mr Field seeks to argue that a decision to grant leave under s 103 is a civil matter, so that the Court has jurisdiction to hear an appeal. He says that the leave decision is in a separate matter from any subsequent prosecution. It should be classified as civil rather than criminal in nature.
[4]       We consider it to be clear beyond argument that although a leave decision is preliminary and in that sense separate, it is so linked to the subsequent criminal process that may be initiated if leave is given, that it becomes part of that process.
[5]       We do not accept that this Court’s decision in Mafart v Television New Zealand Ltd[1] or any other authority supports the contrary proposition. Accordingly it is not in the interests of justice for us to grant leave to appeal and the application must be dismissed.
[1][2006] 3 NZLR 18.
Solicitors:
Saseve, Manukau for Applicant
Crown Law Office, Wellington

CaseChat Overview and Summary

In the case of Burgess v Field, Phillip Hans Field sought leave to appeal a decision of the Court of Appeal, which held that it had no jurisdiction to hear an appeal against a decision of the High Court. The High Court had granted leave to the police to prosecute Field for an alleged offence of bribery and corruption as a Member of Parliament under section 103 of the Crimes Act 1961. The central legal issue was whether the Court of Appeal had jurisdiction to hear an appeal against a decision of the High Court granting leave to prosecute under section 103 of the Crimes Act. Field argued that the decision to grant leave was a civil matter, separate from the subsequent criminal process, and thus the Court of Appeal should have jurisdiction to hear an appeal.

The Supreme Court of New Zealand found that the decision to grant leave under section 103 was so linked to the subsequent criminal process that it became part of that process. The Court rejected Field’s argument that the leave decision was a civil matter and dismissed the application for leave to appeal. The Court held that the provisions of section 66 of the Judicature Act, which provide rights of appeal against decisions in the civil jurisdiction, do not apply to criminal proceedings. The Court further found that the decision in Mafart v Television New Zealand Ltd did not support Field’s argument and concluded that it was not in the interests of justice to grant leave to appeal.

The Supreme Court dismissed the application for leave to appeal, and as a result, the Court of Appeal's decision stands. The Court of Appeal had correctly determined that it had no jurisdiction to hear an appeal against the High Court's decision to grant leave to prosecute Field under section 103 of the Crimes Act. The Court of Appeal's decision is affirmed, and Field's application for leave to appeal is dismissed.

CaseChat Overview and Summary

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