Crequer v Christchurch High Court

[2024] NZHC 2750

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-456

[2024] NZHC 2750

IN THE MATTER

of an application to review the registrar’s refusal to grant access to an audio recording

BETWEEN

DAVID OWEN CREQUER

Applicant

AND

CHRISTCHURCH HIGH COURT

Respondent

Hearing:	On the papers
Judgment:	23 September 2024

JUDGMENT OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

CREQUER v CHRISTCHURCH HIGH COURT [2024] NZHC 2750 [23 September 2024]

[1]                 On 9 September 2024 I issued a minute declining to determine Mr Crequer’s application to review a decision of the registrar. Mr Crequer seeks leave to appeal that decision.

[2]                 The registrar has declined Mr Crequer’s application to access either a transcript (non-existent) or audio recording of the hearing of his application for leave to bring a second appeal against  the  determination  of  two  Justices  of  the  Peace  finding  Mr Crequer guilty of infringing r 2.3(1) of the Land Transport (Road User) Rule 2004, a finding that gave rise to a $150 fine and Court costs of $30.

[3]                 Mr Crequer’s application for leave to bring a second appeal was heard by Robinson J on 5 June 2024. Judgment was reserved. In his minute of 9 September Robinson J said he hoped to release a judgment on the leave application before the end of the month and relevantly said:

I understand there is also an issue concerning a request by the appellant to listen to the recording of the hearing. I propose to deal with that after I have issued my judgment on the substantive matter. Although there is no transcript of the hearing, the recording is preserved.

[4]                 In my minute of 9 September 2024, I observed that Mr Crequer’s request is being considered by Robinson J. In that circumstance I did not consider it appropriate that I determine the application to review the decision of the registrar. Mr Crequer will learn the outcome of both his application for leave to appeal and to access an audio record of the leave hearing shortly.

[5]                 I do not think there is merit in Mr Crequer’s application for leave to appeal my decision of 9 September 2024 and leave is declined.

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

Eaton J

Copy to:

D O Crequer