M v Police HC Palmerston North CRI-2010-454-33

[2010] NZHC 2231

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2010-454-33

M

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         13 December 2010

Appearances: The appellant in person

B D Vanderkolk for the respondent

Judgment:      13 December 2010

JUDGMENT OF CLIFFORD J

[1]      Mr M   pleaded guilty to one charge of careless use of a motor vehicle. At his hearing, the Police submitted that, in place of a fine, Mr M   should be ordered to pay reparation.  The Justices of the Peace ordered reparation in the sum of

$1,250.00.

[2]      Before the Justices of the Peace, Mr M   disputed the quantum of that reparation.  The Justices of the Peace acknowledged that Mr M   did not accept that amount.  They also acknowledged that that amount had not been proved.  The Justices recorded that there should be some sort of disputed facts hearing but, notwithstanding that, went ahead and ordered reparation.  It would appear they did so  on  the  basis  that  their  decision  could  “always  be  appealed  anyway”  by Mr

M  .

M V POLICE HC PMN CRI-2010-454-33 13 December 2010

[3]      As is obvious, and Mr Vanderkolk acknowledged immediately, that was not an appropriate basis for a decision.

[4]      This  appeal  is,  therefore,  allowed  and  the  decision  of  the  Justices  as  to reparation is quashed. The issue of reparation must be re-heard by the Justices, and a reasoned decision given.

“Clifford J”

Solicitors:         The Crown Solicitor, Palmerston North for the respondent.

Copy to the appellant:     Mr M R M  , 3 Baton Place, Highbury, Palmerston North 4412.