Rangitaawa v Police

[2013] NZHC 147

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI-2012-488-94 [2013] NZHC 147

BETWEEN  GRAHAM COLIN RANGITAAWA Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         5 February 2013

Appearances: Appellant in person

C A Anderson for Respondent

Judgment:      8 February 2013

JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 8 February 2013 at 4.40 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:

Marsden Woods Inskip & Smith, Crown Solicitor, Whangarei: [email protected]

Copy to:

Mr G C Rangitaawa, c/- The Manager, Northland Regional Corrections Facility, P O Box 727, Kaikohe

RANGITAAWA V POLICE HC WHA CRI-2012-488-94 [8 February 2013]

Introduction

[1]      On 12 December 2012 the Appellant was convicted of failing to stop when followed by a motor vehicle displaying flashing red and blue lights or sounding a siren,  and  of  refusing  to  permit  a  blood  specimen  to  be  taken,  being  offences pursuant to ss 52(1)(c) and s 60(1)(a) Land Transport Act 1998 (“Act”) respectively.

[2]      Judge de Ridder sentenced the Appellant in December 2012.  On the refusal to permit charge the Judge sentenced the Appellant to nine months’ imprisonment and disqualified him from driving for one year and one day.[1]   The Judge convicted and discharged the Appellant on the failing to stop charge.

[1] Police v Rangitaawa DC Dargaville CRI-2012-011-280, 12 December 2012.

[3]      By  notice  of  appeal  dated  13  December  2012  the  Appellant  appealed conviction and sentence.  The Appellant’s grounds of appeal are unclear and he did not comply with the requirement of High Court Practice Note 11 namely that he file and serve points on appeal not less than five working days before the hearing.

[4]      The  appeals  against  conviction  can  be  dealt  with  easily.    The Appellant pleaded guilty to the charges.  Given that no appeal can be brought.  There has been no application to vacate the guilty pleas.

[5]      As for sentence, given that the Judge discharged the Appellant on the failure to stop charge, I do not propose to address that matter any further.

[6]      On the face of it the sentence imposed on the charge of refusing to permit a blood specimen to be taken is unremarkable.

[7]      Before me the Appellant made two principal submissions.

[8]      The first was that, at the moment at least, the Appellant’s name is not Graham Colin Rangitawaa but Rangitira Colin Rangitawaa.   However, in the course of the hearing,  the  Appellant  acknowledged  that  previously  he  has  been  known  as

Graham Colin Rangitawaa and he did refuse to supply a blood specimen when asked to do so on 13 June 2012. Accordingly, I do not propose to take that submission any further.

[9]      The Appellant’s second submission was to the effect that he is not subject to

the provisions of the Act nor to the jurisdiction of the District Court.

[10]     As  Crown  counsel  submitted,  the  Court  of  Appeal  has  addressed  and dismissed similar submissions on many occasions.  Phillips v R and R v Toia[2]  are two such decisions.  I reject this second submission accordingly.

Result

[2] Phillips v R [2011] NZCA 225; and R v Toia [2007] NZCA 331.

[11]     For the reasons given I dismiss this appeal.

..................................................................

M Peters J