Tittleton v The Queen

[2012] NZCA 51

IN THE COURT OF APPEAL OF NEW ZEALAND

CA755/2011

[2011] NZCA 51

BETWEEN  GARY WALTER TITTLETON
Appellant

AND  THE QUEEN
Respondent

Hearing:         28 February 2012

Court:             Hammond, Priestley and Allan JJ

Counsel:         R A Harrison for Appellant
D J Boldt for Respondent

Judgment:      28 February 2012

ORAL JUDGMENT OF THE COURT

A        The application for leave to appeal is dismissed for want of jurisdiction.

B        The appeal is remitted to the High Court for determination.

REASONS OF THE COURT

(Given by Hammond J)

1. This appeal against a forfeiture order came on for hearing before us today, on an application for leave to appeal, from a judgment of the District Court.

2. We are of the view that we have no jurisdiction to entertain the appeal.  It ought to have been filed in the High Court, as an appeal in a summary matter.

3. We decline the application for leave.  We remit the appeal to the High Court for determination as a general appeal in a summary proceeding.  The Crown undertakes to take no point of time and procedure to prevent the merits being determined in that Court.

4. It would be highly desirable for the appeal to be brought on in the High Court as a matter of urgency; this proceeding has been unhappily delayed for many months now. 

Solicitors:

Crown Law Office, Wellington for Respondent