Hayward v Commissioner of Police

[2013] NZCA 478

IN THE COURT OF APPEAL OF NEW ZEALAND

CA464/2013
[2013] NZCA 478

BETWEEN	MARIANA NATALIA CRISTEA HAYWARD Applicant
AND	THE COMMISSIONER OF POLICE Respondent

CA468/2013
AND BETWEEN	JENE CHE TEWANA HAYWARD Applicant
AND	THE COMMISSIONER OF POLICE Respondent

Counsel:

D R I Gay for Applicant
M R Harborow for Respondent

Judgment:

(On the papers)

11 October 2013 at 10.00 am

JUDGMENT OF FRENCH J

AThe applications for an extension of time to appeal are granted.

BThere will be no order as to costs.

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REASONS

1. The applicants in both proceedings wish to appeal a decision of Venning J delivered in the High Court on 10 June 2013.[1]  The last day for filing a notice of appeal was 8 July 2013.  The notices of appeal were sent by email to this Court on 8 July 2013, counsel being under the mistaken impression that this would suffice.  However, r 31 of the Court of Appeal (Civil) Rules 2005 stipulates that an appeal is brought only when the notice of appeal is filed either by hand delivery to the Registry, or by mailing to the Court’s postal address.  The hard copies of the notices of appeal in this case were posted to the Court but not received until 10 July 2013.

   [1]The Commissioner of Police v Hayward [2013] NZHC 1358.

2. As soon as the error was drawn to counsel’s attention, applications for an extension of time under r 29A were filed.

3. In the circumstances, the respondent consents to the applications being granted.

4. I am satisfied that the matter may be dealt with on the papers and that the applications should be granted.  The delay was only two days, there is a reasonable explanation for the delay and there has been no prejudice to the respondent.  It is in the interests of justice to grant the applications.

5. There will be no order as to costs.

Solicitors:
Craig Griffin & Lord, Auckland for Applicants
Crown Solicitor, Auckland for Respondent