Peters v Auckland Transport

[2012] NZHC 456

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-404-463 [2012] NZHC 456

BETWEEN  CHRISTOPHER JON NEALE PETERS Appellant

ANDAUCKLAND TRANSPORT Respondent

Hearing:         16 March 2012

Counsel:         No appearance by or on behalf of Appellant

N R Miller for Respondent

Judgment:      16 March 2012

JUDGMENT OF BREWER J

SOLICITORS

Simpson Grierson (Auckland) for Respondent

(Copy to Appellant in person)

PETERS V AUCKLAND TRANSPORT HC AK CRI-2011-404-463 [16 March 2012]

[1]      By notice of appeal filed in the District Court at Pukekohe on 22 December

2011, Mr Peters appeals against an order by Justices of the Peace that he pay a traffic infringement fine.  The proceeding took place in the District Court at Pukekohe on

24 November 2011.

[2]      It is recorded by the Justices of the Peace that Mr Peters did not appear at that hearing.  Mr Peters has not appeared at this hearing either.

[3]      I am advised by the registry that they made telephone contact with Mr Peters and advised him of the hearing today and made it clear that he must appear.  I also understand that the registry advised Mr Peters of the likelihood of his appeal being struck out for lack of prosecution if he did not appear.

[4]      Under those circumstances, I dismiss the appeal for want of prosecution.

Brewer J