Musson v Ministry of Fisheries HC Invercargill CIV-2011-425-000043

[2011] NZHC 407

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CIV-2011-425-000043

BETWEEN  ANTHONY PHILLIP MUSSON Appellant

ANDMINISTRY OF FISHERIES Respondent

Hearing:         5 April 2011

Counsel:         Appellant in person

Ms Berryman and Mr Eng for Respondent

Judgment:      6 April 2011

JUDGMENT OF LANG J

This judgment was delivered by me on Wednesday, 6 April 2011 at 4pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

Luke Cunningham & Clere, DX SP23529, Wellington 6143. Email:  [email protected]

Copy to:

A P Musson, 8 Thule Road, Stewart Island.

MUSSON V MINISTRY OF FISHERIES HC INV CIV-2011-425-000043 6 April 2011

[1]      The Ministry of Fisheries obtained judgment in the District Court against Mr Musson in the sum of $4,502.18.  That sum related to levies that Mr Musson was obliged to pay the Ministry in terms of the fisheries legislation.

[2]      On 12 November 2010 Mr Musson filed a document purporting to be a notice of appeal against that decision.  He filed similar documents on 30 November 2010 and 26 January 2011.

[3]      The respondent took the point that the notices did not appear to contain relevant grounds of appeal.   On 18 October 2010 and 7 February 2011 Fogarty J required Mr Musson to identify relevant grounds of appeal.

[4]      Mr Musson purported to comply with this direction by filing a document on

5 April 2011. That document reads as follows:

Judge MacCaskill in combination with the Council for the Court have enforced the Mental Health Act in support of consulting engineers Christchurch.   As  a  result  of  Judge  MacCaskill  decision,  the  continued practice of the consulting engineers, has result in 300 fatalities Christchurch.

Pacific Canneries Ltd, are part of the Treaty of Waitangi agreement.  Mr R Tanui Manning, who receives direct instruction from Chief Executive Ministry of Fisheries, Seafood Industry Council, Crown Solicitor.

R Manning is also a member of the local body group quote owners Paumac Incorporated. There directives  are from the Chief Executive  Ministry of Fisheries, Crown Solicitor.

Judge MacCaskill is again enforcing the Mental Health Act where it is not appropriate.

N.B. Ministry of Fisheries staff are in support having identified criminal activities.

[5]      These documents do not provide any relevant grounds for appealing against the judgment in respect of the levies.  On that basis I conclude that Mr Musson has no relevant grounds of appeal in respect of that judgment.

[6]      The appeal is accordingly dismissed.

……………………………..

Lang J