Department of Labour v Alzaidy

[2009] NZCA 473

IN THE COURT OF APPEAL OF NEW ZEALAND

CA398/2008
[2009] NZCA 473

DEPARTMENT OF LABOUR

v

REBECCA LOUISE ALZAIDY

Hearing:13 October 2009

Court:Hammond, Ronald Young and Fogarty  JJ

Counsel:S B Edwards for the Department

Judgment:13 October 2009 

ORAL JUDGMENT OF THE COURT

The application for special leave to appeal is dismissed for want of prosecution.

REASONS OF THE COURT

(Given by Hammond J)

[1]        Ms Alzaidy made an application to the New Zealand Immigration authorities for New Zealand residency.  The Department of Labour took the view that Ms Alzaidy had, on four occasions, supplied misleading information to an immigration officer, contrary to s 142(1)(c) of the Immigration Act 1987.

[2]        It is unnecessary, in the particular circumstances, to describe the prolonged litigation which then occurred.  Ultimately, convictions were entered against Ms Alzaidy.  She appealed to the High Court at Wellington.  Dobson J rejected that appeal: HC WN CRI-2007-485-000113 27 February 2008.

[3]        Ms Alzaidy then sought the leave of the High Court to appeal to this Court, as a second appeal.  That application was declined by Dobson J on 20 June 2008.

[4]        An application for leave for a second appeal, to this Court, was then made under the provisions of s 144(3) of the Summary Proceedings Act 1957.

[5]        Senior counsel for the applicant, Mr C R Carruthers QC, has now confirmed, by memorandum, that his client has disappeared and her grant of legal aid has been withdrawn.  The application was listed for hearing today, before this panel. 

[6]        In the circumstances, the application is dismissed for want of prosecution.

Solicitors:

Crown Law Office, Wellington