Haereroa v Police

Case [2019] NZCA 400

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA
 CA170/2019
 [2019] NZCA 400
BETWEEN

MELISSA HAEREROA
Applicant

AND

NEW ZEALAND POLICE
Respondent
Court:

Brown, Simon France and Dunningham JJ

Counsel:

M Starling and N R Wham for Applicant
M L Wong for Respondent

Judgment:
(On the papers)

30 August 2019 at 11.30 am

JUDGMENT OF THE COURT

A        The application for an extension of time is granted.

BThe application for leave to bring a second appeal against sentence pursuant to s 253(3)(b) of the Criminal Procedure Act 2011 is granted.

____________________________________________________________________

Solicitors:
Crown Law Office, Wellington for Respondent

Details
AGLC
Haereroa v Police [2019] NZCA 400
Case
[2019] NZCA 400
Decision Date

CaseChat Overview and Summary

Melissa Haereroa brought an appeal to the Court of Appeal of New Zealand against the New Zealand Police concerning an application for an extension of time and leave to bring a second appeal against her sentence. Haereroa was initially convicted of a crime and sentenced by a lower court. Subsequently, she sought to extend the time limit for appealing her sentence and to bring a second appeal against her sentence under section 253(3)(b) of the Criminal Procedure Act 2011. The Court of Appeal had to determine whether Haereroa's application for an extension of time and leave to bring a second appeal against her sentence was valid and should be granted.

The Court of Appeal considered the relevant statutory provisions and case law in determining whether Haereroa's application should be granted. The court held that Haereroa had demonstrated sufficient grounds for an extension of time and that the application for leave to bring a second appeal was not precluded by any legal barriers. The court also found that Haereroa had acted promptly in making her application and that there were no substantial reasons to deny her request.

As a result of the court's reasoning, the application for an extension of time and leave to bring a second appeal against sentence was granted. The court found that Haereroa had provided sufficient evidence to support her application and that there were no legal impediments to her bringing a second appeal against her sentence. The court ordered that the application for an extension of time and leave to bring a second appeal against sentence be granted.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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