IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY
CRI 2013-435-1 [2013] NZHC 3062
BETWEEN KATHERINE JANE RAUE Appellant
ANDNEW ZEALAND POLICE Respondent
CRI 2013-435-2
BETWEEN KATHERINE JANE RAUE Appellant
ANDNEW ZEALAND POLICE Respondent
CRI 2013-435-3
BETWEEN KATHERINE JANE RAUE Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 3 September 2013 (Heard at Wellington)
Counsel: K Raue appearing in person
S Carter for the Respondent
Judgment: 19 November 2013
JUDGMENT OF MALLON J
Table of Contents
Introduction ....................................................................................................................................... [1] Power to extend time ......................................................................................................................... [5] Assault conviction.............................................................................................................................. [7] Wilful trespass conviction ............................................................................................................... [19] Indecent language conviction and sentence .................................................................................. [37] Result ................................................................................................................................................ [48]
RAUE v NEW ZEALAND POLICE [2013] NZHC 3062 [19 November 2013]
Introduction
[1] Ms Raue appeals out of time against her convictions for assault (2006)1 and wilful trespass (2009),2 and her conviction and sentence for using indecent language in a public place (2010).3
[2] Ms Raue believes that the New Zealand Police have embarked on a “campaign of harassment and unfounded malicious and vexatious prosecutions” and are biased against her. From about 1995 onwards,4 she has been the subject of a large number of charges on minor matters which have in the main been withdrawn or dismissed.5 The three matters she seeks to appeal are some of the few charges that did not have that outcome.
[3] Ms Raue says that the conduct of the police has caused her significant stress and anxiety. She was in compulsory care for three months for serious mental illness in 2011. I understand that she believes she was not mentally ill and should not have been in that care. She also informs me that she has been very busy on other matters involving her family, and has had difficulties with accessing her property and other equipment. She also says she has had difficulties with legal representation. She says that all of these things have made it difficult for her to bring her appeals earlier. She says that in each of three matters she is appealing the evidence shows that she is innocent.
[4] The appeals are opposed on the basis that there has been considerable delay in bringing the appeals and inadequate information has been provided to account for
that delay. In relation to the 2006 and 2009 convictions it is noted that Ms Raue is
1 Summary Offences Act 1981, s 9, with a maximum penalty of six months’ imprisonment or a
fine not exceeding $4,000.
2 Trespass Act 1980, ss 4 and 11, with a maximum penalty of three months’ imprisonment or a fine not exceeding $1,000.
3 Summary Offences Act 1981, s 4(1)(c)(ii), with a maximum penalty of a fine not exceeding
$1,000. The summary of facts refers to s 4(1)(b) of the Act (which concerns words intended to offend, alarm, insult or threaten). Section 4(1)(c)(ii) concerns indecent language.
4 In and prior to 1980 she was convicted and sentenced on a number of charges which were mainly for minor dishonesty offending.
5 Ms Raue considers that this list may…
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- AGLC
- Raue v Police [2013] NZHC 3062
- Case
- [2013] NZHC 3062
- Decision Date
CaseChat Overview and Summary
The court declines to order a rehearing for the indecent language conviction and sentence, as it relates to a minor matter and the events at issue occurred over three years ago. The court also notes that Ms Raue may have been experiencing health difficulties during that time, and a number of other matters in respect of which she was arrested were not proceeded with. The court declines the applications for leave to appeal the assault conviction (2006) and the trespass conviction (2009).
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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