Falaniko v Police

[2019] NZHC 2222

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2019-409-000072

[2019] NZHC 2222

BETWEEN

VENASIO FALANIKO

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

5 September 2019

Appearances:

Appellant in person

S Bicknell for Respondent

Judgment:

5 September 2019

RESULTS JUDGMENT OF DUNNINGHAM J

[1]        Mr Falaniko, I am going to tell you the outcome now and I will write some reasons and you will get it in writing later on.

[2]I am going to allow your appeal. That means that you win.

[3]        You are not going to have your car confiscated. I am going to set that order aside. That is because there is a provision here that says if you are going to get an alcohol interlock, or if the Judge made an order that you can get an alcohol interlock, then the Court cannot make an order to confiscate.1

Solicitors:
Raymond Donnelly & Co., Christchurch

1      Sentencing Act 2002, s 129(4)(b).

FALANIKO v NEW ZEALAND POLICE [2019] NZHC 2222 [5 September 2019]