Ruddel v Ashburton District Council HC Timaru CRI 2010-476-000013

[2011] NZHC 69

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI 2010-476-000013

CRI 2010-476-000014

SHANNON RUDDEL

Appellant

v

ASHBURTON DISTRICT COUNCIL

Respondent

CRI 2010-476-000015
CRI 2010-476-000016

SUE MARIE RUDDLE

Appellant

v

ASHBURTON DISTRICT COUNCIL

Respondent

Hearing:         7 March 2011

Counsel:         T Fournier for Appellant

C O'Connor for Respondent

Judgment:      7 March 2011

JUDGMENT OF FOGARTY J

RUDDEL V ASHBURTON DISTRICT COUNCIL HC TIM CRI 2010-476-000013 7 March 2011

[1]      These are two appeals against decisions of Justices of the Peace relating to the seizure of some unregistered dogs and a tussle that came about during that process.   Convictions were entered and penalties imposed.

[2]      It  now  appears  that  there  were  procedural  irregularities  with  the  first informations laid and that when the correct informations were laid they were laid out of time in a manner which is irremediable.    I have not gone into the detail of it as I am satisfied that Mr O’Connor, experienced counsel, for the Ashburton District Council, is satisfied that the prosecutions are irretrievable and the hearing proceeded without jurisdiction and the judgments are accordingly without foundation.

[3]      Therefore the appeals are allowed.  The convictions and orders are set aside. Costs are reserved.

Solicitors:

Tim Fournier, Christchurch, for Appellants

Russell Moon & Fail, Ashburton, for Respondent