Phillips v Police
[2019] NZCA 277
•3 July 2019 at 11 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA144/2019 [2019] NZCA 277 |
| BETWEEN | KATHERINE ANNE STARR PHILLIPS |
| AND | NEW ZEALAND POLICE |
| Hearing: | 1 July 2019 |
Court: | Gilbert, Wylie and Thomas JJ |
Counsel: | Applicant in person |
Judgment: | 3 July 2019 at 11 am |
JUDGMENT OF THE COURT
The application for leave to appeal is declined.
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REASONS OF THE COURT
(Given by Gilbert J)
Nineteen years ago, on 17 April 2000, Ms Phillips was convicted in the District Court at Blenheim of one charge of criminal harassment under s 8 of the Harassment Act 1997.[1] Judge D J Carruthers ordered Ms Phillips to come up for sentence if called upon within a year and directed her to pay witness expenses of $50.
[1]Police v Phillips DC Blenheim CRI-1999-006-762451, 17 April 2000.
Ms Phillips exercised her general right of appeal to the High Court pursuant to s 115 of the Summary Proceedings Act 1957. This appeal was dismissed by Wild J on 20 July 2000.[2]
[2]Phillips v Police HC Blenheim AP3/00, 20 July 2000.
Section 144 of the Summary Proceedings Act provides for the prospect of a further appeal.[3] However, any further appeal is limited to an appeal on a question of law and leave is required. Leave must be sought from the High Court within 21 days after the determination of the appeal or within such further time as the High Court may allow. If the High Court declines leave, special leave can be sought from this Court:
144 Appeal to Court of Appeal
(1) Either party may, with the leave of the High Court, appeal to the Court of Appeal … against any determination of the High Court on a question of law arising in any general appeal: provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
(2) A party desiring to appeal to the Court of Appeal under this section shall, within 21 days after the determination of the High Court, or within such further time as that Court may allow, give notice of his application for leave to appeal in such manner as may be directed by the rules of that Court, and the High Court may grant leave accordingly if in the opinion of that Court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
(3) Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 21 days after the refusal of the High Court, or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that Court, for special leave to appeal to that Court, and the Court of Appeal may grant leave accordingly if in the opinion of that Court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
[3]It was not contended that a separate appeal pathway in a criminal prosecution is available under the Harassment Act 1997. The High Court recently considered and rejected this possibility in Gebbie v Police [2019] NZHC 1512.
Ms Phillips did not seek leave from the High Court to appeal to this Court on a question of law within 21 days of the High Court’s decision. Even now, 19 years later, she has still not sought such leave from the High Court. This Court’s jurisdiction to grant special leave to appeal on a question of law is contingent on the High Court first declining leave. In the circumstances, this Court has no jurisdiction to entertain Ms Phillips’ application for leave to appeal and it must be declined.
Result
The application for leave to appeal is declined.
Solicitors:
Crown Law Office, Wellington for Respondent
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