ROBERT FRANK TERRY v NEW ZEALAND POLICE [2021] NZSC 47
Leave to appeal to the Supreme Court was dismissed because adjournments are not appealable under the Criminal Procedure Act 2011 s215, any appeal would lie to the High Court under s219(1)(b) rather than to the Court of Appeal, and there is no statutory basis under the Criminal Procedure Act 2011 or the Senior Courts...
Source-derived case information.
- Citation
- [2021] NZSC 47
- Parties
- Applicant: Robert Frank Terry; Respondent: New Zealand Police
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 May 2021
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Application
- Outcome
- Application for leave to appeal dismissed.
- Legal Topics
- Adjournment, Right of Appeal, Jurisdiction of Appellate Courts, Statutory Interpretation, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Frank Terry
Applicant
New Zealand Police
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Application
Legal Issues
- 1 Whether there is a right of appeal from a District Court adjournment decision
- 2 What is the correct appellate forum for pre-trial adjournment decisions
- 3 Whether Miller J's dismissal of the applicant's review/appeal gives rise to a right of appeal to the Supreme Court
Ratio Decidendi
Leave to appeal to the Supreme Court was dismissed because adjournments are not appealable under the Criminal Procedure Act 2011 s215, any appeal would lie to the High Court under s219(1)(b) rather than to the Court of Appeal, and there is no statutory basis under the Criminal Procedure Act 2011 or the Senior Courts Act 2016 s71 for an appeal to the Supreme Court from Miller J's judgment.
Court Disposition
Application for leave to appeal dismissed.
Orders
- Application for leave to appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
ROBERT FRANK TERRY v NEW ZEALAND POLICE [2021] NZSC 47 [24 May 2021]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 21/2021[2021] NZSC 47BETWEEN ROBERT FRANK TERRYApplicantAND NEW ZEALAND POLICERespondentCourt: William Young, Glazebrook and O'Regan JJCounsel: Applicant in personC A Brook for RespondentJudgment: 24 May 2021JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] On 5 November 2020, the applicant appeared in the District Court on twocharges of driving while his licence was suspended. The hearing of these charges wasadjourned to 21 March 2021. On 18 December 2020, he attempted to file in the Courtof Appeal an application against the adjournment decision. This was rejected by theDeputy Registrar for want of jurisdiction and Miller J dismissed an application by theapplicant to review that decision.1 The applicant now seeks leave to appeal to thisCourt against Miller J's judgment.[2] There is no right of appeal in District Court criminal proceedings in respect ofadjournments.2 If there were a right of appeal it would be to the High Court and not1 Terry v New Zealand Police [2021] NZCA 7.2 Section 215 of the Criminal Procedure Act 2011 lists the types of pre-trial decision in respect ofwhich there are rights of appeal in Judge-alone cases. Adjournments are not listed.the Court of Appeal.3 The judgment of Miller J was thus entirely correct. Further,there is nothing in the Criminal Procedure Act 2011 which authorises an appeal to thisCourt from the judgment of Miller J.4[3] The application for leave to appeal is dismissed.Solicitors:Crown Law Office, Wellington for Respondent3 Criminal Procedure Act, s 219(1)(b).4 Senior Courts Act 2016, s 71.