Kemp v Police

[2014] NZHC 1012

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI-2014-441-000004 [2014] NZHC 1012

BETWEEN

GEORGE VICTOR KEMP

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	16 May 2014
Counsel:	P B Webby for Appellant C R Walker for Respondent
Judgment:	16 May 2014

REASONS FOR JUDGMENT OF COLLINS J

Introduction

[1] This judgment briefly explains why I must allow Mr Kemp’s appeal from a decision of Judge Mackintosh, in which she dismissed Mr Kemp’s application for costs under the Costs in Criminal Cases Act 1967.

[2]      On 27 January 2014, Mr Kemp was found not guilty of a charge of refusing to give a blood specimen.1   He was found guilty of careless of a motor vehicle.2   At the conclusion of the hearing Mr Kemp applied for costs in relation to the charge of refusing to give a specimen of blood.

[3]      Judge Mackintosh dismissed Mr Kemp’s costs application.   However, her

Honour’s reasons for finding against Mr Kemp were not properly recorded and

cannot be deciphered.

1      Land Transport Act 1998, s 60(1)(c).

2      Section 37(1).

[4]      Mr Kemp’s appeal against the refusal to award him costs involves a challenge to the way Judge Mackintosh exercised her discretion and engages the principles articulated in May v May.3

[5]      In the absence of an explanation of the reasons as to why Judge Mackintosh dismissed Mr Kemp’s application, I cannot determine if Judge Mackintosh made an appealable error.

[6]      Accordingly,  I  believe  I  must  allow  Mr  Kemp’s  appeal  and  remit  his

application for costs back to Judge Mackintosh for her to reconsider.   I make this order pursuant to s 274(d) of the Criminal Procedure Act 2011.

D B Collins J

Solicitors:

Crown Solicitor, Napier for Respondent

3      May v May (1982) 1 NZFLR 165 (CA); B v R [2011] NZCA 331 at [9]; Lawrence v R [2011] NZCA 272 at [11].