REUBEN v NEW ZEALAND POLICE [2019] NZCA 515

REUBEN v NEW ZEALAND POLICE [2019] NZCA 515 [24 October 2019]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA548/2018[2019] NZCA 515BETWEEN STEWART CLIFTON REUBENAppellantAND NEW ZEALAND POLICERespondentCourt: Brown, Simon France and Hinton JJJudgment:(On the papers)24 October 2019 at 3.00 pmJUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Brown J)Introduction[1] Following a Judge alone trial in the District Court at Huntly, on 9 November2017 Mr Reuben was convicted of charges of contravening a protection order andunlawfully converting a motor vehicle. He was sentenced to 3 months' imprisonment.1[2] He appealed against his conviction. His appeal was heard in the High Court atHamilton on 20 March 2018. Further submissions were filed on 11 and 14 May 2018.On 26 July 2018 Toogood J delivered a judgment dismissing Mr Reuben's appeal.21 Police v Reuben [2017] NZDC 25565.2 Reuben v Police [2018] NZHC 1870.[3] On 10 September 2018 Mr Reuben filed out of time an application for leave tobring a second appeal.The history of Mr Reuben's application[4] Having been adjourned on several previous occasions Mr Reuben's applicationfor leave was scheduled to be heard by this Court on 8 October 2019 at 3.00 pm.When by 2.55 pm he had not arrived, the Registrar of the Court endeavoured to contacthim, eventually speaking to him on his mobile telephone. Mr Reuben advised that hewas travelling to Auckland but was still on the motorway south of Mercer.[5] Because he would not reach the Auckland Hearing Centre before the Courtrose at 4.00 pm, after reporting to the panel, the Registrar again telephonedMr Reuben, advised that it was not possible for the hearing to proceed and requestedthat he provide a written statement explaining the reasons for his delay in coming tothe hearing.[6] Two weeks have now elapsed. No communication has been received fromMr Reuben.[7] Mr Reuben's application has a long history. It was initially allocated a hearingdate for 8 November 2018. That hearing was adjourned at Mr Reuben's request.A new date was allocated for 28 November 2018.[8] On 14 November 2018 Mr Reuben sought a further adjournment on medicalgrounds. A new date was allocated for 4 April 2019.[9] On 3 April 2019 Mr Reuben sought an adjournment for at least 7 days, againfor medical reasons. A new date of hearing was allocated for 29 May 2019.[10] On 22 May 2019 Mr Reuben sought a further adjournment for at least 3 monthsbecause he was about to undergo a 9-week period of treatment. The new date of8 October 2019 was allocated to accommodate his request.[11] Mr Reuben did not provide any prior notice of the fact that he would not makethe scheduled time for his hearing on 8 October 2019 and no application was made foran adjournment. Having regard to the history of adjournments, the fact that hisapplication for leave to bring a second appeal was filed over a year ago, thatMr Reuben has long ago served his sentence and that he has not provided anyexplanation as requested for his non-appearance at the fifth scheduled hearing,we consider that the appropriate course is to dismiss his application for leave to bringa second appeal.Result[12] The application for leave to appeal is dismissed.Solicitors:Crown Law Office, Wellington