A review of the Registrar’s Decision (Parker) [2021] NZHC 1799

A review of the Registrar's Decision (Parker) [2021] NZHC 1799 [15 July 2021]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHE[2021] NZHC 1799IN THE MATTER OF A review of the Registrar's Decision(Parker)On the papersJudgment: 15 July 2021JUDGMENT OF MALLON J[1] On 9 July 2021, David Parker attempted to file a notice of appeal written onboth sides of an envelope in the Wellington High Court. He claimed it was a noticethat he wished to appeal a District Court decision. The Registrar refused to accept itfor filing due to a lack of required information. Mr Parker seeks to review that decisionto refuse to file it.[2] The envelope requests that it be placed before a judge, refers to s 12 of the BailAct, refers to a "right to remain silent", and says he appeals a matter currently (Monday5th) before the Wellington District Court due to illness and Police stealing a legaldocument. It says this is "circa everything discussed today and letter [dated]5/July/2021". It also says he wishes to place charges "possibly or probably not" underthe "Crimes of Torture Act 1989?", then refers to the Supreme Court, Privy Counciland High Court. It is signed by Mr Parker and includes some of his details, but says"address unknown".[3] As well as advising that it was not accepted for filing at the time, the Registraralso subsequently confirmed this in writing. The Registrar referred to the CriminalProcedure Rules 2012, rr 8, 2.1 and 2.9, which provide:8.4 Information required for notice of appeal or notice of applicationfor leave to appeal(1) A notice of appeal or notice of application for leave to appeal mustinclude—(a) particulars of the appellant; and(b) particulars of the decision for which leave is being sought toappeal or that is being appealed, including the date and placeat which it was made; and(c) a copy of the decision against which the appeal is sought tobe made (if available); and(d) the grounds of the appeal; and(e) the section of the Act relied on for appeal or to be relied on ifleave is granted.(2) In addition to the information required under subclause (1), the noticemust also include particulars of such of the following as areapplicable:(a) lawyer's contact details:(b) legal aid status:(c) the prison at which the appellant is located:(d) if there is to be an oral hearing, whether the appellant seeksleave to be present under section 326 of the Act and, if so,why:(e) whether the appeal or application for leave to appeal is out oftime and, if so, the reasons for seeking an extension of time:(f) if the proposed appeal relates to the admissibility of evidenceat trial, the disputed evidence in question and its relevance tothe trial:(g) if the proposed appeal challenges the exercise of a judicialdiscretion, why the challenge meets the criteria for reversingthe exercise of a discretion:(h) if the proposed appeal challenges a factual finding in thedecision to be appealed, the evidence to be relied on:(i) any exhibits required for the appeal:(j) in relation to a pre-trial determination, when the trial is likelyto be.(3) A notice of application for leave to appeal must also include,—(a) in the case of an application for leave to appeal to whichsection 328 of the Act applies, whether the appellant seeks theapplication for leave to be considered at an oral hearing andany arguments in support:(b) any other information relevant to whether the applicationshould be considered at an oral hearing or on the papers.2.1 Content of documents(1) This rule applies to any document, other than a charging document,that is required by the Act or these rules to be filed, served, or issued.(2) The document must, in addition to the information required by the Actor these rules, include (if known)—(a) the name and place of the court where proceedings to whichthe document relates will be heard; and(b) the CRI or CRN; and(c) the names of the parties to the proceeding; and(d) the names of the prosecutor and any lawyer or representativeconducting the defendant's case; and(e) the section of the Act or provision of the rules to which thedocument relates.2.9 Parties must provide address for service(1) The parties must, as soon as practicable after the proceedings arecommenced, notify each other and the court of their address forservice, which address must,—(a) if a party has a postal address, include that postal address; and(b) if a party has an email address for receiving documents whileconducting proceedings under the Act, include that emailaddress.(2) An address for service on a defendant may be an address provided bya lawyer representing the defendant.(3) The parties must notify each other and the court of any changes totheir address for service.[4] The Registrar said the information on the envelope did not set out the decisionbeing appealed, the grounds of appeal, or the section of the Act relied upon, for thepurposes of r 8.4(1). It also did not specify whether he wanted an oral hearing, whatthe basis is for a challenge to admissibility, factual finding or disputed evidence, orwhat exhibits are required for the appeal hearing, for the purposes of r 8.4(2).[5] The Registrar added that it also did not include the registry in which the appealis to be heard, the relevant CRI or CRNs to which the appeal relates, or the names ofthe respondent and their counsel, as required by r 2.1, nor an address for service forthe purposes of r 2.9.[6] The Registrar also noted the envelope indicated Mr Parker might want to placecharges under the Crimes of Torture Act 1989, and said private prosecutions shouldfirst be filed in the District Court and recommended he take legal advice.[7] Subsequently, Mr Parker has provided a copy of his bail bond and chargingdocument from the District Court. He also refused to complete the notice of appealform, writing "this form is 'illegal' circa lots of law, reference Supreme Courtapplication – treaty of Waitangi", as well as writing "illegal act" with an arrow towardthe Criminal Procedure Act 2011 written on the form. He also wrote "N/A" in everyspace on the form, although did tick that he requested an oral hearing. He signed anddated the form.[8] The charging document and bail bond indicates he faces a charge of doing anindecent act in public, the charge has been adjourned and he is on bail. He has writtenon a copy of the bail bond that "this is an illegal and fraudulent document breachesthe Crimes of Torture Act 1989".[9] The form indicates he wants an oral hearing and the bail bond provides the CRInumber. From what is provided it appears that the likely respondent is the Police (asthe prosecutors of the offence) and he possibly intends to challenge the bringing of thecharge against him and/or the fact he is subject to a bail bond with conditions. Rule 2.9requires an address to be provided as soon as practicable – the bond indicatesMr Parker has no fixed abode, so this may be why it was not practicable to give anaddress at the time he attempted to file the notice.[10] It remains the position that the decision he wishes to appeal is unclear but, evenif I infer that it relates to the bringing of the charge and/or that he is subject to bailconditions, no sufficient grounds or explanation for the appeal are provided (thereference to illegal documents and breaches of the Crimes of Torture Act are not propergrounds). In addition, the envelope is unclear and the notice of appeal form had "N/A"written across it with a statement the form was "illegal". Even with the bail bond andcharging document, there remains insufficient required information to accept thenotice of appeal. The Registrar was correct to not accept filing and Mr Parker's reviewis declined.Mallon J