Matthew John Birchler v New Zealand Police

[2010] NZSC 26

IN THE SUPREME COURT OF NEW ZEALAND

SC 116/2009
[2010] NZSC 26

MATTHEW JOHN BIRCHLER

v

NEW ZEALAND POLICE

Court:Elias CJ, Blanchard and Wilson JJ

Counsel:R M Lithgow QC for Appellant

A M Powell for Respondent

Judgment:18 March 2010 

JUDGMENT OF THE COURT

A           The application for leave to appeal is granted.

BThe approved grounds are:

(i)whether the appeal by the respondent to the High Court was barred by s 108 of the Summary Proceedings Act 1957; and

(ii)whether the lawful administration of a breath screening test is an element of the offence of driving with excess blood alcohol.

Solicitors:

Kathy Ertel, Wellington for Appellant

Crown Law, Wellington for Respondent