Police v H HC Christchurch CRI 2008-409-139

[2008] NZHC 1955

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2008-409-000139

NEW ZEALAND POLICE

Applicant

v

H

Respondent

Hearing:         9 December 2008

Counsel:         K J Basire for Applicant

Respondent In Person

Judgment:      9 December 2008

JUDGMENT OF PANCKHURST J (RE LEAVE APPLICATION)

[1]      The police, pursuant to s144(2) of the Summary Proceedings Act 1957, seek leave to appeal to the Court of Appeal against my judgment of 8 October 2008.  The grounds upon which the application is made are that the case concerns a rule of the road which is of general or public importance, given the need for certainty in relation to the meaning and effect of road user rules.   Further, there are conflicting High Court decisions on the interpretation of the relevant rule:  see paras [16]-[23] of any

previous judgment.

NEW ZEALAND POLICE V H HC CHCH CRI 2008-409-000139  9

December 2008

[2]      I am satisfied that these grounds warrant leave to appeal.   It is granted in relation to this question:

whether in its regulatory context the expression in r 5.9(3) of the Land

Transport (Road User) Rule 2004:

A driver must not drive on a road a vehicle following behind another vehicle so that the driver cannot stop the driver’s vehicle short of the vehicle ahead if the vehicle ahead stops suddenly

imports only inability by reason of speed or failure to maintain an adequate distance from the vehicle ahead;   or whether it embraces also failure to maintain a proper lookout and other factors.

[3]      Mr H   represented himself in this Court.  He is a third year law student. He does not feel equipped to appear in person in the Court of Appeal, nor has he the resources to do so.  The charge is not of a kind where legal aid would be available. Ms Basire is aware of this issue of representation and will ensure that it is duly

considered.

Solicitors:

Raymond Donnelly & Co, Christchurch for Applicant

Respondent – Mr Jonathan H  , 318 Marine Parade, New Brighton, Christchurch.