FRANCE v NEW ZEALAND POLICE [2015] NZCA 458
The application for recall is dismissed because s 329 Criminal Procedure Act 2011 authorises the Court to determine the matter on the papers without the applicant's consent, the Court did not misstate the proposed grounds of appeal, and an unsigned copy of the judgment is not a basis for recall.
Source-derived case information.
- Citation
- [2015] NZCA 458
- Parties
- Applicant: Malcolm Daniel France; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 24 September 2015
- Procedural Posture
- Application for Leave to Bring a Second Appeal (criminal) / Recall Application Following on the Papers Dismissal
- Outcome
- Application for recall dismissed.
- Legal Topics
- Leave to Appeal, Recall of Judgment, On the Papers Procedure, S 329 Criminal Procedure Act 2011, Unsigned Judgment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malcolm Daniel France
Applicant
New Zealand Police
Respondent
Procedural Posture
Application for Leave to Bring a Second Appeal (criminal) / Recall Application Following on the Papers Dismissal
Legal Issues
- 1 Whether the Court may deal with the application on the papers without the applicant's consent
- 2 Whether the Court misconstrued the proposed grounds of appeal
- 3 Whether an unsigned copy of the judgment renders the judgment invalid or justifies recall
Ratio Decidendi
The application for recall is dismissed because s 329 Criminal Procedure Act 2011 authorises the Court to determine the matter on the papers without the applicant's consent, the Court did not misstate the proposed grounds of appeal, and an unsigned copy of the judgment is not a basis for recall.
Court Disposition
Application for recall dismissed.
Orders
- The application for recall is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
FRANCE v NEW ZEALAND POLICE [2015] NZCA 458 [24 September 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA142/2015[2015] NZCA 458BETWEEN MALCOLM DANIEL FRANCEApplicantAND NEW ZEALAND POLICERespondentCourt: Wild, French and Cooper JJCounsel: Applicant in personJ E Mildenhall for RespondentJudgment:(On the papers)24 September 2015 at 11.30 amJUDGMENT OF THE COURTThe application for recall is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] In an "on the papers" judgment delivered on 19 August 2015 this Court declined Mr France's application for leave to bring a second appeal.1[2] Mr France has now applied for a recall of that judgment on the grounds he objected to the matter being dealt with on the papers, the Court misunderstood the proposed grounds of appeal and the judgment is invalid because the copy he received was unsigned.1 France v New Zealand Police [2015] NZCA 381.[3] The application for recall is dismissed. By virtue of s 329 of the Criminal Procedure Act 2011, the Court was entitled to deal with the matter on the paperswithout Mr France's consent. We do not accept the Court has misstated the proposedgrounds of appeal and the fact a copy was unsigned is plainly not grounds for recall.Solicitors:Crown Law Office, Wellington for Respondent