Parker v Police HC Wellington CRI 2010-485-96

[2011] NZHC 85

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2010-485-96

PAUL DAVID PARKER

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         8 February 2011

Counsel:         No appearance for the Appellant

Ms Ewing for the Respondent

Judgment:      8 February 2011

Reasons:        14 February 2011

JUDGMENT OF MALLON J (Reasons for Judgment)

[1]      Mr Parker appealed against a finding of the Justices of the Peace that an offence against s 40 of the Land Transport Act 1998 was proven.  That finding was made on 11 August 2010.  Mr Parker’s appeal was filed on 12 October 2010.

[2]      The appeal was first listed for hearing on 23 November 2010.  Mr Parker did not appear.   It was adjourned to 30 November 2010 and again Mr Parker did not appear.   Apparently Mr Parker had moved addresses and his present whereabouts was not known.  The appeal was adjourned to 8 February 2011 to give Mr Parker an opportunity to contact the court.   Failing this, the Court indicated that the appeal

would be heard in his absence.

PARKER V NEW ZEALAND POLICE HC WN CRI 2010-485-96 [8 February 2011]

[3]      On 8 February 2011 Mr Parker’s appeal was called.  He did not appear and the Court had heard nothing from him in the interim.  I was satisfied that Mr Parker had been given adequate opportunity to pursue his appeal and that his appeal should be determined in his absence.

[4]      Having reviewed the decision of the Justices of the Peace and Mr Parker’s appeal grounds as stated in his notice of appeal I was also satisfied that the appeal was without merit and should be dismissed.  It was open to the Justices of the Peace to accept the prosecution evidence and to reject Mr Parker’s evidence.  There was an error in the initial infringement notice, but that was corrected in the reminder notice and the notice of hearing.

[5]      I accordingly dismissed the appeal.

Mallon J