F v Police no.2 HC Auckland CRI 2007-404-21

[2007] NZHC 34

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-404-21

H  F

Appellant

v

NEW ZEALAND POLICE

Respondent

Appearances: Ms Pecotic for appellant

Ms Jelas for respondent

Judgment:      13 February 2007

SUPPLEMENTARY ORAL JUDGMENT OF WINKELMANN J

Crown Solicitor, Auckland

M Pecotic, Barrister, Auckland

F  V POLICE 2 HC AK CRI 2007-404-21  13 February 2007

[1]      This appeal came before me earlier today.   At that time I granted bail in respect of Mr F      on conditions including that he reside at a particular address. Shortly after the grant of bail the residents of [address], Snell’s Beach contacted the police to say that they were no longer prepared to have Mr F      reside at their house.

[2]      Counsel are agreed the appropriate course is for the bail that has been granted to be revoked since one of the conditions of bail, it is accepted, is unable to be met. However, I record that I am satisfied that once a suitable address is provided, Mr F      should be released on bail.

[3]      In those circumstances I adjourn this proceeding to Friday 23 February 2007 at 11 am, but record that should a suitable bail address become available before that time I am content for this application to be brought before me on a short notice basis.

Winkelmann J