CREEDY V COMMISSIONER OF POLICE SC 57/2007
Leave to appeal was granted because the proposed grounds met the statutory criteria and were framed narrowly to permit the Supreme Court to determine whether the delay qualified as 'exceptional circumstances' under s 114 and whether the Employment Court had jurisdiction to review the laying and prosecution of...
Source-derived case information.
- Citation
- SC 57/2007
- Parties
- Appellant: Mark Raymond Creedy; Respondent: Commissioner of Police
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 October 2007
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave to Appeal Granted
- Outcome
- Leave to appeal granted on specified grounds
- Legal Topics
- Unjustifiable Dismissal, Exceptional Circumstances Under S 114, Delay and Limitation, Jurisdiction of the Employment Court, Review of Prosecutorial Decisions, Police Misconduct
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Raymond Creedy
Appellant
Commissioner of Police
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave to Appeal Granted
Legal Issues
- 1 Whether delay by the appellant in raising the personal grievance was due to 'exceptional circumstances' under s 114 of the Employment Relations Act 2000
- 2 Whether the Employment Court had jurisdiction to review the laying of misconduct charges, police conduct in prosecuting those charges before the Tribunal, and the Tribunal's conduct and report to the Commissioner
Ratio Decidendi
Leave to appeal was granted because the proposed grounds met the statutory criteria and were framed narrowly to permit the Supreme Court to determine whether the delay qualified as 'exceptional circumstances' under s 114 and whether the Employment Court had jurisdiction to review the laying and prosecution of misconduct charges and the Tribunal's conduct and report.
Court Disposition
Leave to appeal granted on specified grounds
Orders
- Leave to appeal granted
- Appeal to be confined to the approved grounds A (s 114 exceptional circumstances/delay) and B (Employment Court jurisdiction to review laying and prosecution of charges and Tribunal conduct)
Full Case Text
Judgment text and source record
1 paragraphs
CREEDY V COMMISSIONER OF POLICE SC 57/2007 19 October 2007IN THE SUPREME COURT OF NEW ZEALAND SC 57/2007 [2007] NZSC 85BETWEEN MARK RAYMOND CREEDY Appellant AND COMMISSIONER OF POLICE Respondent Court: Elias CJ, McGrath and Anderson JJ Counsel: J A Hope for Appellant C Inglis and C Curran-Tietjens for Respondent Judgment: 19 October 2007JUDGMENT OF THE COURT Leave to appeal is granted on the following approved grounds: A Was the Court of Appeal wrong to conclude that delay by the appellant in raising the personal grievance concerning his unjustifiable dismissal was not due to "exceptional circumstances" under s 114 of the Employment Relations Act 2000? B Did the Employment Court have jurisdiction to review: (i) the laying of charges of misconduct against the appellant and police conduct in prosecuting those charges before the Tribunal; and (ii) the Tribunal's own conduct of the proceeding and report to the Commissioner.REASONS[1] The Court is satisfied that leave to appeal should be given on the grounds set out which are in some respects narrower than those proposed by the appellant. The approved grounds reflect the extent to which the statutory criteria are met. The grounds are also expressed in terms that will allow the Court to address all matters of potential relevance to the legal issues arising in the appeal.Solicitors: Till Henderson, Hamilton for Appellant Crown Law Office, Wellington