K v Police HC Auckland CRI 2008-404-272

[2008] NZHC 1460

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-404-000272

K

Appellant

v

NEW ZEALAND POLICE

Respondent

Appearances: A Ives (on instructions from M Dixon) for the Appellant

T Robertson for the Respondent

Judgment:      17 September 2008 at 10:00 a.m.

JUDGMENT OF WOODHOUSE J (supplementary)

This judgment was delivered by me on 17 September 2008 at 10:00  a.m. pursuant to r540(4) of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

Solicitors / Counsel:

Mr M Dixon, Barrister, Auckland

Ms T Robertson, Meredith Connell, Office of the Crown Solicitor, Auckland

K V NEW ZEALAND POLICE HC AK CRI 2008-404-000272  17 September 2008

[1]      This judgment is made following my judgment of 5 September 2008.   For reasons stated in that judgment I adjourned Mr K  ’s appeal from the District Court refusal of bail.   This was to allow further inquiries to be made as to the availability of a place for Mr K   at Odyssey House.

[2]      I  now  have  a  memorandum  dated  16  September  2008  for  Mr  K   recording that Mr K   is on the waiting list for re-admission to Odyssey House but the likelihood of re-admission within the next few weeks “is slim”.  For these reasons it is accepted on behalf of Mr K   that the appeal should be dismissed.

[3]      The appeal is accordingly dismissed.   As recorded in the memorandum for the appellant, if circumstances change a further application for bail may be made to the District Court.

[4]      I thank Ms Ives for her memorandum on behalf of Mr K  .

Peter Woodhouse J