Ho v Ministry of Fisheries HC Auckland CRI 2010-404-144

[2010] NZHC 914

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2010-404-000144

THU THUY HO

Appellant

v

MINISTRY OF FISHERIES

Respondent

Hearing:         10 June 2010

Appearances: P T R Heaslip for the Appellant

S K Barr for the Respondent

Judgment:      10 June 2010

ORAL JUDGMENT OF DUFFY J

Solicitors:   P T R Heaslip P O Box 4108 Shortland Street Auckland 1140 for the Appellant Luke Cunningham and Clere P O Box 10357 The Terrace Wellington 6143 for the Respondent

HO V MINISTRY OF FISHERIES HC AK CRI-2010-404-000144  10 June 2010

[1]      Ms Ho has filed an appeal against conviction and sentence in this Court.  The appeal has a hearing date of 26 July 2010.

[2]      Ms Ho’s appeal will be affected by the final outcome of Vu v Ministry of Fisheries HC Auckland CRI-2009-404-000263, 18 May 2010.   The Ministry has been granted leave to appeal to the Court of Appeal.

[3]      The Ministry of Fisheries has very responsibly accepted that until a final outcome of the Vu matter is determined, it would be better if Ms Ho’s appeal were not heard.

[4]      Accordingly, the appeal date for 26 July 2010 is vacated.  A new date for the appeal is to be set by the Registry.  This is to be no earlier than 1 November 2010.

[5]      The sentence of imprisonment that Ms Ho is currently serving is suspended until further direction of the Court.  She is to be granted bail forthwith, subject to the following conditions:

1. She is not to hold or possess her current passport;

ii)       She is not to apply for a new passport; and

iii)      She is to reside at 50 Omana Road, Papatoetoe, Manukau City. [6]     I would also add, although it is not a condition of Ms Ho’s bail, that steps are

to be taken to locate her passport (which is likely to be with the Ministry of Fisheries or the District Court), and once it is located, it should be provided to the Registry in this Court.

Duffy J