VAN HOUTEN v POLICE [2020] NZCA 272

VAN HOUTEN v POLICE [2020] NZCA 272 [3 July 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA76/2020[2020] NZCA 272BETWEEN DANIEL PAUL VAN HOUTENApplicantAND NEW ZEALAND POLICERespondentCourt: Gilbert, Ellis and Katz JJCounsel: Applicant in personS E Trounson for RespondentJudgment:(On the papers)3 July 2020 at 9.30 amJUDGMENT OF THE COURTThe application for leave to appeal against conviction is declined for want ofjurisdiction.____________________________________________________________________REASONS OF THE COURT(Given by Gilbert J)[1] On 24 March 2010, Mr Van Houten was sentenced by Judge Maude inthe District Court at Whangārei to 12 months' supervision and ordered to surrendertwo firearms.1 This sentence followed Mr Van Houten's guilty plea to two charges ofobtaining by deception (two semi-automatic rifles using a firearm licence that wasrevoked on 30 December 2006) and two charges of unlawful possession of thesefirearms.1 Police v Van Houten DC Whangārei CRI-2009-088-5394, 24 March 2010.[2] Some nine and a half years later, Mr Van Houten applied to the High Court forleave to appeal against these convictions. On 12 December 2019, Muir J declinedMr Van Houten's application for leave to appeal out of time.2[3] Mr Van Houten then applied to the High Court for leave to appeal to theCourt of Appeal. That application was declined by Muir J on 5 February 2020.3[4] Mr Van Houten now applies to this Court for leave to appeal against hisconvictions. This application is misconceived. For the reasons that follow, this Courthas no jurisdiction to entertain it.[5] The proceedings against Mr Van Houten commenced by way of twoinformations laid on 26 November 2009, prior to the commencement of the CriminalProcedure Act 2011. Any appeal to the Court of Appeal is accordingly governed bys 144 of the Summary Proceedings Act 1957 (repealed on 1 July 2013). That sectionprovides for appeals to this Court against any determination of the High Court in twocircumstances, first, on any case stated appeal on a question of law under s 107, andsecondly, on a question of law arising in any general appeal.4 In either case, leave forthe further appeal must be sought in the first instance from the High Court.5 Only ifleave is refused by the High Court can this Court grant special leave to appeal. Leavecan only be granted if the question of law involved in the proposed appeal is one ofgeneral or public importance or for some other reason ought to be submitted to thisCourt for decision.6[6] In this case, there has been no appeal to the High Court, whether by way ofcase stated on a question of law or by way of general appeal. This is because Muir Jdeclined to grant an extension of time to appeal. It follows that there is no jurisdictionunder s 144 for any appeal to this Court. In any event, Mr Van Houten's proposedappeal does not raise any question of law, let alone one which, by reason of its generalor public importance or for any other reason, ought to be submitted to this Court for2 Van Houten v Police [2019] NZHC 3266.3 Van Houten v Police [2020] NZHC 86.4 Summary Proceedings Act 1957, s 144(1).5 Section 144(2).6 Section 144(3).decision. Mr Van Houten's application for leave to appeal must accordingly bedeclined for want of jurisdiction.Result[7] The application for leave to appeal against conviction is declined for want ofjurisdiction.Solicitors:Crown Law Office, Wellington for Respondent