Butler v Attorney-General

[2014] NZHC 1156

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-404-108 [2014] NZHC 1156

BETWEEN

JESSE WAIARIKI TEMANAVA

BUTLER Applicant

AND

THE ATTORNEY-GENERAL

on behalf of the NEW ZEALAND POLICE

Respondent

Hearing:	On the papers
Appearances:	No appearance by Applicant No appearance by Respondent
Judgment:	29 May 2014

JUDGMENT OF LANG J

[on application for leave to appeal to Court of Appeal]

This judgment was delivered by me on 29 May 2014 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

BUTLER v THE ATTORNEY-GENERAL [2014] NZHC 1156 [29 May 2014]

[1]      Mr Butler has applied for an order under s 70 of the Criminal Procedure Act

2011 transferring a criminal proceeding currently in the District Court to this Court. When the application was called on 14 May 2014, there was no appearance by or on behalf of Mr Butler.   I therefore directed that Mr Butler was to file written submissions in support of his application no later than 11 June 2014.

[2]      Mr Butler has now purported to file an application for leave to appeal to the Court of Appeal.  Given the fact that I have not made any substantive decision, there are no grounds for leave to be granted.  Mr Butler will, of course, have a direct right of appeal to the Court of Appeal once any substantive decision on his application is given.

[3]      For this reason, and to the extent that it relates to the directions made in my minute, the application for leave to appeal is dismissed.

[4]      I  note  that  the  application  also  seeks  to  challenge  directions  given  by

Woolford J on 5 May 2014.  I will leave it to Woolford J to respond to that aspect of the application.

Lang J

Solicitors:

Crown Solicitor, Auckland

Copy to:

Applicant