PHILLIPS v R [2019] NZCA 277

PHILLIPS v R [2019] NZCA 277 [3 July 2019]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA144/2019[2019] NZCA 277BETWEEN KATHERINE ANNE STARR PHILLIPSApplicantAND NEW ZEALAND POLICERespondentHearing: 1 July 2019Court: Gilbert, Wylie and Thomas JJCounsel: Applicant in personC A Brook for RespondentJudgment: 3 July 2019 at 11 amJUDGMENT OF THE COURTThe application for leave to appeal is declined.____________________________________________________________________REASONS OF THE COURT(Given by Gilbert J)[1] Nineteen years ago, on 17 April 2000, Ms Phillips was convicted inthe District Court at Blenheim of one charge of criminal harassment under s 8 ofthe Harassment Act 1997.1 Judge D J Carruthers ordered Ms Phillips to come up forsentence if called upon within a year and directed her to pay witness expenses of $50.1 Police v Phillips DC Blenheim CRI-1999-006-762451, 17 April 2000.[2] Ms Phillips exercised her general right of appeal to the High Court pursuant tos 115 of the Summary Proceedings Act 1957. This appeal was dismissed by Wild J on20 July 2000.2[3] Section 144 of the Summary Proceedings Act provides for the prospect ofa further appeal.3 However, any further appeal is limited to an appeal on a question oflaw and leave is required. Leave must be sought from the High Court within 21 daysafter the determination of the appeal or within such further time as the High Court mayallow. If the High Court declines leave, special leave can be sought from this Court:144 Appeal to Court of Appeal(1) Either party may, with the leave of the High Court, appeal to the Courtof Appeal against any determination of the High Court on aquestion of law arising in any general appeal: provided that, ifthe High Court refuses to grant leave to appeal to the Court of Appeal,the Court of Appeal may grant special leave to appeal.(2) A party desiring to appeal to the Court of Appeal under this sectionshall, within 21 days after the determination of the High Court, orwithin such further time as that Court may allow, give notice of hisapplication for leave to appeal in such manner as may be directed bythe rules of that Court, and the High Court may grant leaveaccordingly if in the opinion of that Court the question of law involvedin the appeal is one which, by reason of its general or publicimportance or for any other reason, ought to be submitted to the Courtof Appeal for decision.(3) Where the High Court refuses leave to any party to appeal to the Courtof Appeal under this section, that party may, within 21 days after therefusal of the High Court, or within such further time as the Court ofAppeal may allow, apply to the Court of Appeal, in such manner asmay be directed by the rules of that Court, for special leave to appealto that Court, and the Court of Appeal may grant leave accordingly ifin the opinion of that Court the question of law involved in the appealis one which, by reason of its general or public importance or for anyother reason, ought to be submitted to the Court of Appeal fordecision.[4] Ms Phillips did not seek leave from the High Court to appeal to this Court ona question of law within 21 days of the High Court's decision. Even now, 19 yearslater, she has still not sought such leave from the High Court. This Court's jurisdiction2 Phillips v Police HC Blenheim AP3/00, 20 July 2000.3 It was not contended that a separate appeal pathway in a criminal prosecution is available underthe Harassment Act 1997. The High Court recently considered and rejected this possibility inGebbie v Police [2019] NZHC 1512.to grant special leave to appeal on a question of law is contingent on the High Courtfirst declining leave. In the circumstances, this Court has no jurisdiction to entertainMs Phillips' application for leave to appeal and it must be declined.Result[5] The application for leave to appeal is declined.Solicitors:Crown Law Office, Wellington for Respondent