Underhill v Police - [2013] NZHC 416

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2012-404-000276 [2013] NZHC 416

WAYNNE UNDERHILL
Appellant

v

NEW ZEALAND POLICE
Respondent

Hearing: 5 March 2013

Counsel: Appellant in Person
L MacDonald for the Respondent

Judgment: 6 March 2013

[RESERVED] JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie
On 6 March 2013 at 3.00 pm

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Distribution:
W Underhill: (address on file)
L MacDonald: lorraine.macdonald@meredithconnell.co.nz

UNDERHILL V POLICE HC AK CRI 2012-404-000276 [6 March 2013]

[1] Mr Underhill seeks leave to appeal my judgment delivered on 12 December

2012. In that judgment, I upheld findings made by Justices of the Peace sitting in the Auckland District Court on 24 July 2012 that Mr Underhill had committed various infringements under the Land Transport Act 1998. I recorded that the Land Transport Act is an Act of Parliament, and that this Court has to seek to apply Acts of Parliament in the terms in which they were enacted. I noted that, subject to express provisions to the contrary, Acts of Parliament are binding on all persons within the territory of New Zealand, both Pākehā and Māori, and observed that Mr Underhill is clearly subject to the Act and to the Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011.

[2] The question which Mr Underhill seeks leave to take to the Court of Appeal is as follows:

Do you, the sworn agents of the New Zealand Incorporated aka the New Zealand Government aka [NZ Govt.] established by the Constitution Act 1986 that FAILED, insist that the STATUTE LAW REVIEW Volume 16
Number 3 1995 published in accordance with English Statute [GULIELMI IV.REGIS.-9 September 1835.] BY THE OXFORD UNIVERSITY PRESS
IN ASSOCIATION WITH THE STATUTE LAW SOCIETY is also an apparent misprint, a total of “FIVE” individual entries in four publications.
The STATUTE LAW REVIEW is therefore a legal document having the force of law.

[3] As I understand Mr Underhill’s argument, he is asserting that the Land Transport Act, and the regulations made pursuant to that Act are invalid, and of no force and effect, because they were passed by a Parliament, which itself is invalid. Mr Underwood acknowledges the Constitution Act 1986, but says that it failed to repeal an Act he says exists called the New Zealand Constitution Act 1952. When I asked him whether or not there was a Constitution Act 1952, Mr Underhill replied in effect that “there must be, because it is referred to in Butterworths Law Dictionary, and in the Statute Law Review”. He told me that he is endeavouring to obtain a copy of the 1952 Act from sources in the United Kingdom.

[4] I have checked to see whether or not there was a New Zealand Constitution Act 1952. I have been unable to find any such Act. My research clerk likewise has been unable to find it; nor can the librarian at the Auckland…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] NZHC 416
Decision Date: 6 March 2013

CaseChat Overview and Summary

The case of Underhill v Police involves the appellant, Mr. Wayne Underhill, who seeks leave to appeal the decision of the High Court upholding the findings of the Auckland District Court that he committed various infringements under the Land Transport Act 1998. Mr. Underhill, represented in person, contends that the Land Transport Act and the regulations made under it are invalid because they were passed by an allegedly invalid Parliament. He argues that the New Zealand Constitution Act 1952, which he believes was not properly repealed, remains in effect.

The central legal issues before the court revolve around the validity of the Land Transport Act and the associated regulations, as well as the authority of Parliament to enact these laws. Mr. Underhill's argument hinges on the alleged invalidity of the New Zealand Constitution Act 1986, which he claims failed to repeal the 1952 Act. The court must determine whether Mr. Underhill's arguments raise a question of law of sufficient general or public importance to warrant an appeal to the Court of Appeal.

The court found that Mr. Underhill's arguments did not constitute a question of law and did not meet the threshold for an appeal under section 144 of the Summary Proceedings Act 1957. The court noted that the validity of Parliament and the constitutional framework have been repeatedly addressed and rejected by higher courts, including in cases involving Mr. Underhill himself. The court emphasized that typographical errors in legal references do not undermine the binding nature of statutes enacted by Parliament. Consequently, the court dismissed Mr. Underhill's application for leave to appeal, holding that his arguments did not present an issue of law that needed to be resolved by the Court of Appeal.

Orders