Thomson v Auckland Council

[2015] NZHC 2763

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-404-000327 [2015] NZHC 2763

BETWEEN

JOANNE THOMSON

Appellant

AND

AUCKLAND COUNCIL Respondent

Hearing:	6 November 2015
Appearances:	Baden Meyer for the Appellant Vernon Tamatea for the Respondent
Judgment:	6 November 2015

JUDGMENT OF MOORE J [Appeal against conviction and sentence]

This judgment was delivered by me on 6 November 2015 at 4:45pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

Date:

THOMSON v AUCKLAND COUNCIL [2015] NZHC 2763 [6 November 2015]

[1]      Joanne Thomson appeals her conviction and sentence arising out of a charge laid under s 57(2) of the Dog Control Act 1996.

[2]      Her grounds of appeal are that the conviction and sentence were imposed in absentia.

[3]      It is accepted by the Auckland Council that as a result of miscommunications, the details of which are not necessary to explore in this judgment, Ms Thomson did not attend the hearing in person and the conviction and sentence were imposed in her absence and without her having an opportunity to advance her defence.

[4]      Mr Tamatea, for the Auckland Council, has responsibly accepted that the appeal should be allowed and the matter remitted back to the  District Court at Manukau for a rehearing.

[5]      In the circumstances I am prepared to follow that course.   The appeal is allowed and the conviction and sentence is quashed.   I order the matter is to be remitted back to the District Court at Manukau for rehearing.

[6]      Mr Meyer, for the appellant, advised he will liaise with the District Court at

Manukau to obtain a nominal date in order that this matter can proceed in the normal way at first instance.

Moore J

Solicitors:

Meyer Law, Auckland

Auckland Council, Auckland