Crequer v Christchurch City Council

[2024] NZHC 3725

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2024-409-038

[2024] NZHC 3725

IN THE MATTER

of an application for leave to appeal the High Court appeal decision of Crequer v Christchurch City Council [2024] NZHC 3284

BETWEEN

DAVID OWEN CREQUER

Applicant

AND

CHRISTCHURCH CITY COUNCIL

Respondent

Hearing:	On the papers
Appearances:	D O Crequer self represented T J Mackenzie for Respondent
Judgment:	9 December 2024

JUDGMENT OF EATON J

(application for special leave to appeal)

[1]    Mr  Crequer  was  issued   an   infringement   notice   from   the   Christchurch City Council charging an infringement fee of $150 arising from an incident on 18 March 2023 when it was alleged Mr Crequer had driven in a bus lane. Mr Crequer disputed the infringement. On 4 May 2023, two Justices of the Peace found him guilty of  the  infringement.1  Unhappy  with  the  decision  of  the  Justices of the Peace, Mr Crequer filed an appeal. That appeal was dismissed by Judge Ruth in a reserve judgment dated 16 January 2024.2

1      Christchurch City Council v Crequer DC Christchurch CRI-2023-009-002579, 4 May 2023.

2      Crequer v Christchurch City Council [2024] NZDC 777.

CREQUER v CHRISTCHURCH CITY COUNCIL [2024] NZHC 3725 [9 December 2024]

[2]    Mr Crequer then applied for leave to bring a second appeal. That application was heard alongside his substantive appeal. Both the leave application and the substantive appeal were dismissed by Robinson J on 7 November 2024.3

[3]    Mr Crequer has now filed a notice of application for “Special Leave to Appeal to the Court of Appeal”. The application is filed in reliance on ss 60(1) and (2) of the Senior Courts Act 2016. Neither of those provisions refer to an application for special leave to appeal.

[4]    Mr Crequer’s rights  of  appeal  are  governed  by  subpart  3  of  the  Criminal Procedure Act 2011. Section 242 of that Act provides that:

242     High Court’s determination of second appeal final

Every determination of a second appeal under this subpart by the High Court is final.

[5]    Robinson J has dismissed Mr Crequer’s second appeal. That determination is therefore final. There is no jurisdiction for leave, or special leave to be granted to  Mr Crequer to pursue a third appeal, either from this Court or from the Court of Appeal.

[6]The application is accordingly dismissed.

...................................................

Eaton J

Counsel:
T J Mackenzie, Christchurch

Copy to:
D O Crequer

3      Crequer v Christchurch City Council [2024] NZHC 3284.