Keung v Police

[2015] NZHC 1172

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

CRI 2015-406-3 [2015] NZHC 1172

BETWEEN

SENG BOU KEUNG

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	28 May 2015 (Teleconference)
Counsel:	P Davison QC and H Steele for Appellant J Webber for Crown
Judgment:	28 May 2015

JUDGMENT OF SIMON FRANCE J

[1]      This appeal concerns the refusal of the appellant’s application for an award of costs following withdrawal of charges against him.1   The matter was determined on the papers.

[2]      It has emerged on appeal that there was material the applicant wished to place before the Court but, for reasons which do not matter, that did not transpire.  As it happens,   considerable   evidence   has   now   been   filed   by   both   parties,   and

cross-examination will be required. The appeal would in effect be a new hearing.

1      Keung v NZ Police [2015] NZDC 797.

KEUNG v NZ POLICE [2015] NZHC 1172 [28 May 2015]

[3]      In the circumstances, and with the agreement of the parties, I consider the best course is to allow the appeal, set the decision aside, and remit the matter to the District Court for hearing.  That process will re-establish the correct order of things, and  preserve  the  full  first  appeal  court  appeal  right  proffered  by  s 271  of  the

Criminal Procedure Act 2011.

Simon France J

Solicitors:

O’Donoghue Webber, Crown Solicitors, Nelson