IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI 2023-409-000227
[2024] NZHC 1557
UNDER The Criminal Procedure Act 2011; the Electricity Act 1992 BETWEEN
JOHN BRIAN KIPPING
Appellant
AND
ELECTRICAL WORKERS REGISTRATION BOARD
Respondent
Hearing: 18 April 2024 Appearances:
Mr Kipping, Appellant in person A S Bagchi for the Respondent
Judgment:
13 June 2024
JUDGMENT OF TAHANA J
(Appeal against conviction and sentence)
This judgment was delivered by me on 13 June 2024 at 3.00pm
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel/Parties:
Copy to the Appellant (Mr J B Kipping) Luke Cunningham Clere, Wellington
KIPPING v ELECTRICAL WORKERS REGISTRATION BOARD (Appeal against conviction and sentence) [2024] NZHC 1557 [13 June 2024]
Introduction
[1] Mr Kipping appeals the decision of Judge Callaghan dated 11 August 2023.1 Mr Kipping was charged with three charges of doing, or assisting in doing, prescribed electrical work in breach of s 74 of the Electricity Act 1992 (the Electricity Act)2 and two alternative charges of negligently doing work on an electrical installation in a manner dangerous to life.3 The Judge found Mr Kipping:
(a)guilty on two charges of doing prescribed electrical work by removing heat pumps from two properties; and
(b)not guilty on one charge of installing a heat pump when not authorised to do so.
[2]No findings were made in relation to the alternate charges.
[3] On 18 October 2023, Mr Kipping was fined $1,500 for each conviction ($3,000 in total).4
[4] Mr Kipping argued that he was denied his rights under the New Zealand Bill of Rights Act 1990 (the Bill of Rights) because of undue delays, denial of legal representation at the trial and denial of his right to examine witnesses. Further, he claims that the Judge erred in finding that:
(a)Mr Kipping had removed, or had assisted in the removal of, the heat pumps; and
(b)the removal of the heat pumps was “prescribed electrical work” under the Electricity Act.
1 Electrical Workers’ Registration Board v Kipping [2023] NZDC 16749 [Conviction Decision].
2 Electricity Act 1992, ss 74 and 162, maximum penalty of a fine not exceeding $50,000 in the case of an individual.
3 Section 163D.
4 Electrical Workers’ Registration Board v Kipping [2023] NZDC 25036 [Sentence Decision].
Issues
[5]The issues I need to determine on appeal are:
(a)Whether Mr Kipping’s rights under the Bill of Rights have been infringed and in particular:
(i)whether he was denied the right to be tried without undue delay;
(ii)whether he was denied the right to legal representation and/or a fair trial; and
(iii)if his rights were denied, whether his convictions should be set aside.
(b)Whether the Judge erred by:
(i)finding that Mr Kipping had removed (or assisted in the removal of) the heat pumps; and/or
(ii)finding that the removal of heat pumps constitutes prescribed electrical work under the Electricity Act.
(c)Whether leave should be granted to allow Mr Kipping to appeal his sentence and if so, whether the fines imposed are manifestly excessive.
Background
[6] The facts set out…
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