M v Police HC Auckland CRI 2005-404-354

[2007] NZHC 980

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2005-404-354

BETWEEN  M

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         1 October 2007

Appearances: No appearance by or on behalf of Appellant

Peter Williams for Respondent

Judgment:      1 October 2007

JUDGMENT OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Respondent

(copy to Appellant)

M V POLICE HC AK CRI 2005-404-354  1 October 2007

[1]      On 9 March 2005 Mr  M   filed a notice of appeal in this Court against his conviction in the District Court on one charge of driving while disqualified.

[2]      Mr M   nominated his address for service as 32 Bond Street, Grey Lynn.  The registry has attempted to contact him at that address.  On 26 June 2007 it advised Mr M   that his appeal was set down for hearing at 3.45 pm today and also advised of the Practice Note requiring him to file and serve his points on appeal.

[3]      The registry’s letter was returned by New Zealand Post on 25 July 2007, apparently because Mr M   no longer resides at 32 Bond Street, Grey Lynn. He has not notified the registry of a substitute address or contact details, such as telephone number or email address.

[4]      The appeal was called today at 3.45 pm.   Mr M   did not appear.   I

dismiss his appeal.

Rhys Harrison J