Terry v Police

[2021] NZHC 513

IN THE HIGH COURT OF NEW ZEALAND BLENHEIM REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WAIHARAKEKE ROHE

CRI-2020-406-9

[2021] NZHC 513

BETWEEN

ROBERT FRANK TERRY

Applicant

AND

NEW ZEALAND POLICE

Respondent

On the papers
Counsel:	Mr Terry as Applicant in person J M Webber for Respondent
Judgment:	15 March 2021

JUDGMENT OF SIMON FRANCE J

[1]                 Mr Terry seeks leave to appeal a decision of Dobson J declining his appeal from the District Court determination of traffic infringement charges.1

[2]                 Pursuant to s 328(2) of the Criminal Procedure Act 2011, having received submissions, I am satisfied that the matter should be determined on the papers. There is no point of general interest, nor complexity, and, for the reasons to be stated, no jurisdiction in any event.

[3]                 The decision of Dobson J was a second appeal. The charges were originally determined by Justices of the Peace. Thereafter there has been an appeal in the District Court and, with leave, a second appeal.2

1      Terry v New Zealand Police [2020] NZHC 3173.

2      Terry v Police [2020] NZHC 2708.

TERRY v NEW ZEALAND POLICE [2021] NZHC 513 [15 March 2021]

[4]                 Pursuant to s 242 of the Criminal Procedure Act 2011, the determination of the High Court on a second appeal is final.  There is therefore no jurisdiction to grant  Mr Terry’s further application. Mr Terry acknowledges the point but suggests, without identifying any supporting authority, that the New Zealand Bill of Rights Act 1990 might supply the necessary jurisdiction. Appeals powers are statutory in origin. There is no appeal power here and indeed an express provision to opposite effect.

[5]The application is accordingly declined.

Simon France J

Solicitors:

Crown Solicitor, Nelson for Respondent