TE KIRA v R [2018] NZCA 186
The Court exercised its discretion to allow an extension of time because the applicant provided sufficient grounds, but declined leave to appeal because the application failed to meet the threshold for arguable appeal prospects; the Court imposed a publication prohibition until final disposition of the trial to...
Source-derived case information.
- Citation
- [2018] NZCA 186
- Parties
- Applicant: Steven Te Kira; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 7 June 2018
- Procedural Posture
- Criminal Appeal / Application for Extension of Time and Leave to Appeal to the Court of Appeal
- Outcome
- Extension of time granted; leave to appeal declined; publication prohibition imposed until final disposition of trial with limited exception for law reports and law digests.
- Legal Topics
- Extension of Time, Leave to Appeal, Publication Prohibition
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steven Te Kira
Applicant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal to the Court of Appeal
Legal Issues
- 1 Whether to grant extension of time to file notice of appeal
- 2 Whether to grant leave to appeal
- 3 Whether to impose a publication prohibition until final disposition of trial
Ratio Decidendi
The Court exercised its discretion to allow an extension of time because the applicant provided sufficient grounds, but declined leave to appeal because the application failed to meet the threshold for arguable appeal prospects; the Court imposed a publication prohibition until final disposition of the trial to protect trial integrity and fair trial rights, while permitting lawful reporting in law reports or digests.
Court Disposition
Extension of time granted; leave to appeal declined; publication prohibition imposed until final disposition of trial with limited exception for law reports and law digests.
Orders
- Extension of time granted
- Application for leave to appeal declined
Full Case Text
Judgment text and source record
1 paragraphs
TE KIRA v R [2018] NZCA 186 [7 June 2018]ORDER PROHIBITING PUBLICATION OF THE JUDGMENT AND ANYPART OF THE PROCEEDINGS (INCLUDING THE RESULT) IN NEWSMEDIA OR ON THE INTERNET OR OTHER PUBLICLY AVAILABLEDATABASE UNTIL FINAL DISPOSITION OF TRIAL. PUBLICATION INLAW REPORT OR LAW DIGEST PERMITTED.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA278/2018[2018] NZCA 186BETWEEN STEVEN TE KIRAApplicantAND THE QUEENRespondentHearing: 6 June 2018Court: French, Clifford and Williams JJCounsel: V C Nisbet for ApplicantP K Feltham and T G Bain for RespondentJudgment: 7 June 2018 at 11.00 amJUDGMENT OF THE COURTA The application for an extension of time is granted.B The application for leave to appeal is declined.C Order prohibiting publication of the judgment and any part of theproceedings (including the result) in news media or on the internet or otherpublicly available database until final disposition of trial. Publication in lawreport or law digest permitted.____________________________________________________________________[Reasons to follow.]Solicitors:Crown Solicitor, Wellington for Respondent