Tapsell v Police

[2012] NZHC 3275

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2012-463-33 [2012] NZHC 3275

CHERYLLY JUANITA TAPSELL

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         5 December 2012

Appearances: No appearance by or for the Appellant

S T Simmers for the Respondent

Judgment:      5 December 2012

(ORAL) JUDGMENT OF WOODHOUSE J

Solicitors:

Ms C J Tapsell, Rotorua

Mr S T Simmers, Gordon Pilditch, Office of the Crown Solicitor, Rotorua

TAPSELL V POLICE HC ROT CRI-2012-463-33 [5 December 2012]

[1]      There has been no appearance by Ms Tapsell, the appellant, on this appeal.  I delayed the start of the hearing by 5 minutes or so to see whether Ms Tapsell turned up.   At approximately 10 minutes after the scheduled start time there is still no appearance. The usual enquiries have been made outside the courtroom.

[2]      Accordingly, the appeal is treated as abandoned and it is dismissed.

[3]      On this particular appeal I do record that, unless Ms Tapsell has been unable to attend today for some unavoidable reason, then the failure to appear is unsatisfactory.   The time of the Court and the time of the respondent has been wasted.   This  includes  the  waste  of  time  and  cost  in  submissions  filed  by the respondent and the time required for me to read the relevant parts of the file before the hearing.  I also note that this failure to appear was preceded by a failure to file any submissions notwithstanding the notice given to Ms Tapsell of the need to do so. The Court has also not been able to contact her on earlier occasions.

[4]      I may be wrong, but the impression from all of the available information is that the appeal was filed without any intention of pursuing it.   Public resources

should not be wasted in this way.

Woodhouse J