TUIRIRANGI v NEW ZEALAND POLICE [2017] NZCA 571

TUIRIRANGI v NEW ZEALAND POLICE [2017] NZCA 571 [7 December 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA657/2016[2017] NZCA 571BETWEEN DAVID LOGAN TUIRIRANGIApplicantAND NEW ZEALAND POLICERespondentCourt: Cooper and Winkelmann JJJudgment:(On the papers)7 December 2017 at 11 amJUDGMENT OF THE COURTThe application for leave to bring a second appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Winkelmann J)[1] In 2016 Mr Tuirirangi applied for leave to bring a second appeal. He has,however, failed to take steps necessary to progress that application. The history of theproceeding is set out in a minute of Winkelmann J dated 18 October 2017 as follows:1[2] On 4 December 2015, following guilty pleas to charges of injuringwith intent to cause grievous bodily harm and possession of an offensiveweapon, Mr Tuirirangi was sentenced by Judge Smith in the District Court atTaihape to two years and six months imprisonment. On 23 November 2016in the High Court Williams J dismissed Mr Tuirirangi's first appeal againstconviction but allowed his first appeal against sentence. Mr Tuirirangi'ssentence was quashed and replaced with a sentence of two years and twomonths imprisonment.1 Tuirirangi v R CA657/2016, 18 October 2017 (Minute of Winkelmann J).[3] On 19 December 2016 Mr Tuirirangi applied for leave to bring asecond appeal against conviction and sentence. Wild J directed that theapplication for leave be heard on the papers and that submissions were to befiled by 17 February 2017 by Mr Tuirirangi. Mr Tuirirangi did not meet thattimetable. His application for legal aid was declined on 20 March 2017. Hetook no steps to file submissions in compliance with an extended timetable.[4] On 6 September 2017 Ms Nicolette Levy was appointed as counsel toassist with identifying whether there were any grounds to advance hisapplication, to prepare submissions in respect of that application as he requiredand to provide such other assistance as he requires.[5] Ms Levy has filed a memorandum in which she reports she met withMr Tuirirangi on 8 September 2017 and discussed a wide range of mattersrelating to Mr Tuirirangi's conviction, sentence, mental health and parole.Some of the observations he made during that meeting were inconsistent withwishing to continue his application for a second appeal and overall his abilityto understand the complex issues was limited. He was nevertheless willing tospeak with her.[6] Following the meeting she sent a letter providing further advice and anotice of abandonment of appeal if Mr Tuirirangi's decision was that he didnot wish to continue with the appeal. When she next visited Mr Tuirirangi hedid not wish to speak with her, but using a prison guard as an intermediary sheestablished that he had received her letter, thrown it out, that he could notremember having a live appeal, that he was not interested in it anyway becausehe did not have a lawyer and his sentence was nearly up.[2] In that minute Mr Tuirirangi was advised that unless he filed submissions insupport of his application for leave to bring a second appeal by 24 November 2017,his application for leave to appeal would be struck out for non-compliance withtimetabling orders.[3] Mr Tuirirangi has not filed any submissions and is in continuing breach oftimetable orders.[4] Pursuant to s 338 of the Criminal Procedure Act 2011, this Court has power todismiss an application for leave to appeal for non-compliance with timetable orders.That is the appropriate step to be taken here. Given Mr Tuirirangi's failure to complywith the timetable orders to date, it seems clear he does not wish to proceed with hisapplication. The application for leave to bring a second appeal is therefore dismissed.Solicitors:Crown Law Office, Wellington for Respondent