T v Police HC Greymouth CIV 2007-404

[2005] NZHC 240

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

CRI 2005 418 09

T

Appellant

v

POLICE

Respondent

Hearing:         17 November 2005 (Heard at Christchurch)

Appearances: Appellant in Person

K T Daziel for Respondent

Judgment:      17 November 2005

ORAL JUDGMENT OF CHISHOLM J

[1]      On  15  August  I  dismissed  Mr  T  ’s  appeal  against  conviction  for intentionally damaging a police vehicle and resisting a constable acting in the execution of his duty.  Mr T   now seeks leave to appeal to the Court of Appeal.

[2]      In broad terms Mr T   wishes to raise access to justice issues with the Court of Appeal.  More specifically he notes that in paragraph [3] of my decision I recorded that he did not give evidence.  Mr T   wants to take up with the Court of Appeal  that  he  asked  Judge  Somerville  for  an  adjournment  so  that  he  could undertake research in the law library, that he was refused that adjournment, and that

under those circumstances he was not in a position to give evidence.

T  V POLICE HC GRY CRI 2005 418 09  17 November 2005

[3]      Mr T   is also concerned about the wider issue of community law facilities and access to a law library on the West Coast.  While he does not dispute that the Court of Appeal was right in Terry v R (CA381/04 and 422/04, 3 March 2005) when it observed that the provision of such facilities is for the Executive, he takes issue with my observation in paragraph [6] that he was not entitled to attempt to adopt a platform in respect of the wider community.  He believes I was wrong in law and wants to raise that matter with the Court of Appeal.  He also believes that if he has an opportunity to again argue his case before the Court of Appeal about the lack of a publicly available law library or community centre on the West Coast there is a greater chance that the Executive will listen..

[4]      As Mr T   is aware, there are limits on the power of this Court to grant leave.  Leave can only be granted where there is question of law which by reason of its general or public importance or for any other reason ought to be submitted to the Court of Appeal for decision.  This is, of course, to filter appeals proceeding to that level.

[5]      I am afraid, Mr T  , that with the best will in the world I cannot reach the conclusion that that test is satisfied in this case.  But I am well aware this is but a step on the way.  No doubt you will now go to the Court of Appeal for leave.

Solicitors:         Crown Solicitor, Christchurch

Copy to:           The Appellant