S v Police HC Auckland CRI 2008-090-2380

[2008] NZHC 2267

This case has been anonymized

NOT TO BE PUBLISHED IN NEWS MEDIA OR ON INTERNET OR OTHER PUBLICLY ACCESSIBLE DATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION IN LAW REPORT OR LAW DIGEST PERMITTED.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2008-090-2380

S

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         22 April 2008

Appearances: J Anderson for Applicant

N Flanagan for Respondent

Judgment:      22 April 2008

JUDGMENT OF WOODHOUSE J

Counsel / Solicitors:

Mr J Anderson, Barrister, Auckland

Mr N Flanagan, Meredith Connell, Office of the Crown Solicitor, Auckland

S V NEW ZEALAND POLICE HC AK CRI 2008-090-2380  22 April 2008

[1]      Mr  S    seeks  variation  of  conditions  of  bail  related  to  the  residence condition.  The reason is that he is to invested as a matai in Samoa on 26 April.  He effectively seeks leave from the Court to travel to Samoa on 24 April and returning on 30 April.   There is also a current condition that has resulted in Mr S   surrendering his New Zealand passport.

[2]      It is proposed that Mr S  ’s sister travel with him to Samoa.  His sister and brother-in-law have agreed to act as sureties and are in Court while I am dictating this decision.

[3]      Mr Flanagan for the Crown pointed to the obvious areas of concern.  The first is whether there is a risk that Mr S   may not return to New Zealand.  The second is that there is a condition that Mr S   not associate with children under the age of

16, and there is no means for the Police to enforce that in Samoa in any real sense. However, Mr Flanagan did not press any objection to the application.

[4]      I note in addition to the fact that Mr S   will be accompanied by his sister and there is to be surety from his sister and brother-in-law, that Mr S   owns his own property in New Zealand.  He has owned it since at least 1969.  He is married and has been married for 41 years.  Mrs S   will be remaining in New Zealand in the family home.

[5]      In these circumstances I am satisfied that although there may be some risk it certainly is not risk that would warrant refusal of the application.

[6]      There  will  therefore  be  an  order  that  bail  be  varied  on  the  following conditions:

a)       Mr S   is to live at 69 Universal Drive, Henderson except for the period between 24 April 2008 and 30 April 2008 when he may travel to Samoa and nowhere else for the purpose of his investiture as a matai.

b)During  the  period  24  to  30  April  Mr  S    is  entitled  to  have possession of his New Zealand passport.  It is to be surrendered to the Registrar of the District Court at Waitakere on 1 May 2008 on his return from Samoa.

c)        Mr S   is to be accompanied to Samoa by his sister, Mrs Teresa

Eves.

d)Mrs Eves and her husband Bedivere Eves, having offered surety, are to provide surety in the sum of $10,000 to apply during the period 24

April until Mr S  ’s return to New Zealand.

e)        Mr S   is to have no association with the complainant.

f)        Mr S   is not to be in the company of any child under the age of 16 years unless in the immediate presence of another adult.

Peter Woodhouse J