J v Police HC Rotorua CRI 2006-063-4598

[2008] NZHC 423

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI 2006-063-4598

J

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         2 April 2008

Appearances: W T Nabney for Applicant

T Bayley for Respondent

Judgment:      2 April 2008

ORAL JUDGMENT OF WOODHOUSE J (bail variation)

Solicitors / Counsel:

Mr W T Nabney, Barrister, Tauranga

Ms T Bayley, Gordon Pilditch, Office of the Crown Solicitor, Rotorua

J V NEW ZEALAND POLICE HC ROT CRI 2006-063-4598  2 April 2008

[1]      Mr J   is on bail on remand pending trial on serious class A drug offences, including manufacture of methamphetamine.   One of his present bail conditions is that he reside at 254 Pukehina Parade, Pukehina.  He lives there with his partner and three children.  He and his partner have, in effect, separated, although both remain living at 254 Pukehina Parade.  Mr Johnston and his partner have agreed that it is best that his partner remain at 254 Pukehina Parade with the children, and I apprehend from Mr J  ’s affidavit that that is because it is in the interests of the children.

[2]     Mr J   has been seeking alternative accommodation.   He needs somewhere reasonably close to his children, although reasonably close is a relative term.  It is also beneficial to him to have a property where he can put machinery he has as an agricultural contractor.

[3]      He attempted at an earlier stage to seek a variation to live at another property but could not proceed with that because he could not get a tenancy agreement. Bearing in mind that Mr J   presently faces serious charges, there is likely to be difficulty in securing a formal tenancy agreement from many landowners who are informed of the circumstances.

[4]      Mr  J    has  now  obtained  a  tenancy  agreement  for  a  house  on  a property at 2425A State Highway 2, R D 6, Te Puke.  In view of the difficulties he had with his earlier attempted application for variation he obtained a tenancy agreement, has paid a two week bond, initially paid two weeks rent in advance, and at the date of his affidavit sworn on 19 March 2008 had paid a further four weeks rent.

[5]      The  Police  have  no  objection  in  principle  to  a  variation  of  the  address, provided the address is suitable.  The Police have a reservation about the proposed address because the property is owned by a Mr Shane Williamson.  Mr Williamson has convictions for class A and class C drug offending, the most recent being a charge  of  possession  of  cannabis  with  conviction  in  September  2007.     Mr

Williamson also has a conviction, amongst others, for possession of methamphetamine in 2003.

[6]      The Police concern is understandable, but in all the circumstances I have described, and some further ones I am about to mention, I am prepared to grant the variation.

[7]      The further considerations are that Mr J   will be in a house which, according to his affidavit, is 500 meters from the house where Mr Williamson lives. The property is a 10 acre block.  There are three houses on the property, with the third house owned by someone who is not mentioned.   There is, therefore, that physical separation and, in a general sense, it is possible of course that an alternative address in a residential setting could result in somebody ending up much closer to another person who has previous convictions.

[8]      Additionally, Mr J   is on a final warning in respect of compliance with bail conditions, which are strict.  As Mr Nabney put it to me, his client is well aware that he is on a knife edge and there really is an incentive for Mr J   to ensure that there are no more breaches of bail conditions arising out of this variation or anything else.

[9]      Consequently, there will be an order varying the residence condition so that the required residence is now 2425A State Highway 2, R D 6, Te Puke, to apply as soon as practicable in relation to Mr J  ’s physically moving to the address but within the next 48 hours at the latest.

[10]     The other existing conditions are to remain.

Peter Woodhouse J