Van Houten v Police
[2020] NZHC 86
•5 February 2020
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CIV-2019-488-000039
[2020] NZHC 86
BETWEEN DANIEL PAUL VAN HOUTEN
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: On the papers Counsel:
Appellant in person
S Patia for the Respondent
Judgment:
5 February 2020
JUDGMENT OF MUIR J
This judgment was delivered by me on Tuesday 5 February 2020 at 10.30 am pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date:…………………………
Solicitors:
S Patia, Marsden Woods Inskip Smith (Crown Solicitors), Whangarei Copy to the Appellant
VAN HOUTEN v NEW ZEALAND POLICE [2020] NZHC 86 [5 February 2020]
[1] By judgment dated 12 December 20191 I dismissed the appellant’s application for leave to appeal four convictions out of time. I did so having regard to:
(a)The extended period since his convictions (nine and a half years).
(b)The fact that guilty pleas had been entered.
(c)The fact that the penalty imposed (supervision) has long since expired.
(d)The interests of the public in the finality of justice.
[2] Mr Van Houten now seeks leave to appeal that decision to the Court of Appeal. He had earlier filed an appeal directly with that Court but was advised by the Registrar that an application for leave from this Court would first be necessary.
[3] The touchstone for any such application is whether there is some point of sufficient importance to outweigh the cost and delay of a further appeal.
[4] I am not satisfied that this is the case having regard to the conclusions reached at paras [23]-[29] of my decision.
[5] I therefore decline Mr Van Houten’s application for leave to further appeal my decision.
Muir J
1 Van Houten v New Zealand Police [2019] NZHC 3266.