MAIN v NEW ZEALAND POLICE [2019] NZSC 2

MAIN v NEW ZEALAND POLICE [2019] NZSC 2 [18 February 2019]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 2/2019[2019] NZSC 2BETWEEN MICHAEL MAINApplicantAND NEW ZEALAND POLICERespondentCourt: Glazebrook, O'Regan and Ellen France JJCounsel: Applicant in personJudgment: 18 February 2019JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] The applicant was found liable by a Community Magistrate under infringementnotices issued for various transport-related offences.1 He appealed to the DistrictCourt challenging the jurisdiction of the Court over him because of his status as aMāori. His appeal was dismissed.2 He then applied for leave to appeal to the HighCourt. Again, his arguments were directed to the proposition that the Court did nothave jurisdiction over him. Leave was declined.3[2] The applicant then attempted to file in the Court of Appeal an application forleave to appeal to that Court. The Deputy Registrar declined to accept this application.1 Police v Main DC Hamilton CRI-2017-019-8526, 22 June 2018.2 Main v Police [2018] NZDC 15859 (Judge Menzies).3 Main v Police [2018] NZHC 1828 (Brewer J).The Deputy Registrar pointed out, in a letter to the applicant, that the decision of theHigh Court was final and no further appeal was available.[3] The applicant applied for a review of the Deputy Registrar's decision by ajudge of the Court of Appeal. Brown J upheld the Deputy Registrar's decision.4 Henoted that a decision of the High Court refusing to give leave for a second appeal isfinal and not amenable to appeal to the Court of Appeal.5[4] The applicant then filed an application for leave to appeal to this Court againstthe decision of Brown J. This Court's jurisdiction in relation to appeals in criminalproceedings is governed by s 71 of the Senior Courts Act 2016, which, relevantly,provides that this Court may hear and determine appeals authorised by Part 6 of theCriminal Procedure Act 2011. No provision is made in that Part for appeals againstdecisions of Court of Appeal judges dealing with a review of a decision of a Registraror Deputy Registrar.[5] As the Court does not have jurisdiction to hear and determine the applicationfor leave to appeal, the application is dismissed.4 Main v Police [2018] NZCA 527.5 At [9], referring to s 213(3) of the Criminal Procedure Act 2011.