IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2012-404-000276 [2012] NZHC 3363
BETWEEN WAYNE UNDERHILL Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 10 December 2012
Counsel: Appellant in Person
K Mills for the Respondent
Judgment: 12 December 2012
[RESERVED] JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie on 12 December 2012 at 3.00 pm
Pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Distribution:
W Underhill: 18 Hunua Road, Papakura
K Mills: kate.mills@meredithconnell.co.nz
UNDERHILL V POLICE HC AK CRI 2012-404-000276 [12 December 2012]
[1] Mr Underhill appeals against findings made by Justices of the Peace sitting in the Auckland District Court on 24 July 2012, that the offending alleged in various infringement notices issued under the Land Transport Act 1998 had been proven. Details of the infringement notices and the fines imposed are as follows:
(a) Operating a vehicle with tyre tread less than 1.5 millimetres, contrary to s 40 of the Land Transport Act – fine of $150;
(b)Operating a vehicle without current evidence of vehicle inspection, contrary to s 34(1)(B) of the Land Transport Act – fine of $200; and
(c) Operating an unlicensed vehicle, contrary to reg 77(1)(a) of the Land
Transport (Motor Vehicle Registration and Licensing) Regulations
2011 – fine $100 and Court costs of $132.89.
Background Facts
[2] On 6 March 2012 at 3.30 pm, Mr Underhill was stopped by a police constable in the Manukau area. Mr Underhill identified himself as being the driver. The officer checked the motor vehicle. It did not have a current valid warrant of fitness. The expiry date on the warrant on the windscreen was
22 September 2011. Nor was the vehicle registered. The expiry date on the registration sticker on the vehicle was 8 September 2011. Further, the officer found that the front-left tyre on the motor vehicle was completely bald. When the constable drew these matters to the attention of Mr Underhill, he invited the officer to give him a ticket. Mr Underhill said that he would not pay any fine as it was not his car.
[3] The Justices of the Peace hearing the matter issued an oral judgment on
24 July 2012. They referred to submissions made by Mr Underhill that they had no jurisdiction. They noted relevant case law and observed that all New Zealand residents and visitors to New Zealand are subject to the laws enacted by Parliament in this country, and that the Courts must proceed on this basis. The Justices noted that the police constable was a credible witness, and that there was no evidence to
contradict these assertions. The Justices of the Peace found that the various charges against Mr Underhill were proven. They imposed the fines noted above.
The Notice of Appeal
[4] The notice of appeal was filed by Mr Underhill personally. It records that he entered a plea of not guilty in writing, and asserts that neither the Justices of the Peace, nor the police as informant, conclusively proved the…
Keep reading for free
Create a free CaseChat account to read Underhill v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] NZHC 3363
- Decision Date
CaseChat Overview and Summary
The court found that Mr Underhill's arguments were legally flawed and that the Land Transport Act 1998 is an Act of Parliament. The Court found that Mr Underhill was clearly subject to the Act and the related Regulations. The Court also found that it was an abuse of process for Mr Underhill to continue making the same argument in the knowledge that it must fail. The Court awarded costs against Mr Underhill in favour of the respondent under the Costs in Criminal Cases Act 1967. The appropriate sum fixed under the Costs in Criminal Cases Regulations 1987 was $226. The Court awarded costs in favour of the respondent in that amount.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.