IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-004-7913
[2024] NZHC 2882
THE KING v
NIGEL IUVALE
Hearing: On the papers Counsel:
R van Boheeman for the Crown M Taylor-Cyphers for Defendant
Judgment:
4 October 2024
JUDGMENT OF WILKINSON-SMITH J
[Application for transfer of District Court proceedings to the High Court]
This judgment was delivered by me on 04/10/2024 at 11am.
Registrar/Deputy Registrar
…………………………………
Solicitors:
Meredith Connell, Auckland
Marie Taylor-Cyphers, Barrister, Auckland
R v IUVALE [2024] NZHC 2882 [4 October 2024]
Introduction
[1] Following jury trials in the District Court and High Court earlier this year, Mr Iuvale was found guilty of methamphetamine related offending arising out of two interrelated criminal investigations.
[2] In the first, Operation Schrute, Mr Iuvale was convicted in the District Court for possession of methamphetamine for supply involving 29.7kgs. In the second, Operation Selena 1, Mr Iuvale was convicted in the High Court for possession of methamphetamine for supply involving at least 10kgs and for conspiracy to import an unspecified commercial quantity of methamphetamine.
[3] Mr Iuvale is now scheduled to appear for sentence in each court respectively. Sentencing in the High Court is set down for 15 November 2024.
[4] The Crown position is that Mr Iuvale played a similar role in the offending uncovered by both operations. The parties agree that it is preferrable that Mr Iuvale should be sentenced on all charges in the High Court and seek an order to that effect.
[5] An issue arises, however, as to whether the High Court has jurisdiction to order such a transfer. This judgment addresses the question of whether the High Court has such jurisdiction and, if so, whether it should be exercised in this case.
Does the High Court have jurisdiction to transfer a District Court sentencing matter to the High Court?
[6] The only statutory basis that the parties have identified for making an order for transfer of this kind is s 89 of the District Court Act 2016. That section provides as follows:
89High Court Judge may order removal of proceeding into High Court
(1)A High Court Judge may, on application by a party to a proceeding, order the removal of the proceeding into the High Court if the Judge is satisfied that it is desirable to do so.
(2)In deciding whether to make an order under subsection (1), the Judge must have regard to the following factors:
(a)the nature of the case:
(b)the complexity of the case:
(c)the general or public importance of the case:
(d)the amount in issue:
(e)the likely length of the hearing:
(f)the financial resources of the parties:
(g)whether it is otherwise in the interests of justice to make the order.
(3)The order may be made on such conditions, including conditions as to costs or giving security for costs, as the Judge thinks fit.
(4)This section overrides sections 86 to 88.
[7] Unfortunately for the parties, the provision is inapposite. While s 89 empowers the High…
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