TE MONI v NEW ZEALAND POLICE [2020] NZCA 316

TE MONI v NEW ZEALAND POLICE [2020] NZCA 316 [29 July 2020]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA85/2020[2020] NZCA 316BETWEEN WIMARUKI DION DARRIN TE MONIApplicantAND NEW ZEALAND POLICERespondentCourt: Brown, Gilbert and Goddard JJCounsel: Applicant in personS E Trounson for RespondentJudgment:(On the papers)29 July 2020 at 10 amJUDGMENT OF THE COURTThe application for leave to bring a second appeal is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Gilbert J)[1] On 2 January 2018, Mr Te Moni was charged with driving recklessly andfailing to stop. The prosecution case was that on 1 January 2018, Mr Te Moni wasriding his motorcycle through Pokeno at 74 kilometres per hour in a 50 kilometre perhour area. He failed to stop when directed by a police constable who activatedthe lights on his police car. Instead, Mr Te Moni accelerated away, reaching speedson the open road of approximately 165 kilometres per hour. After bypassinga roadblock, weaving through traffic and failing to stop at a red light, Mr Te Moni waseventually stopped 29 kilometres from where he was first found to be speeding anddirected to stop.[2] Mr Te Moni pleaded not guilty to the charges. Following a trial beforeJudge Recordon in the District Court at Manukau on 1 June 2018, Mr Te Moni wasconvicted on both charges. He was subsequently sentenced on 30 August 2018 to40 hours' community work, nine months' supervision and disqualified from drivingfor 12 months.1[3] Mr Te Moni appealed against both conviction and sentence to the High Court.His appeal was dismissed by Downs J on 27 September 2018.2[4] On 13 February 2020, Mr Te Moni applied, more than a year out of time, forleave to bring a second appeal to this Court. He says time should be extended because"certain evidence of the Transcripts and much information [is] being collected andcollated by Sovereign Counsel Whānau". As to the grounds of the proposed appeal,Mr Te Moni says a miscarriage of justice has occurred and he considers the proposedappeal raises a matter of general and public importance. However, he does notelaborate on these points.[5] In a minute dated 4 March 2020, Goddard J made an order directingMr Te Moni to file fully particularised grounds of his application for leave to appealno later than 18 March 2020. The Judge explained in his minute:[5] Mr Te Moni, you need to be more specific about your concerns withthe judgment below. You need to identify why you say the appeal raisesmatters of general or public importance, and what errors you saythe High Court made that led to a miscarriage of justice. You must send thisto the Court and the respondent by Wednesday, 18 March 2020.[6] Mr Te Moni did not, and has not, complied with this direction. He has not filedany further documents despite being sent reminders by email on 19 May and 9 June2020. On 16 June 2020, a further email was sent to Mr Te Moni asking him to providea contact telephone number to enable a telephone conference to be convened on 1 July1 Police v Te Moni DC Manukau CRI-2018-092-34, 30 August 2018.2 Te Moni v Police [2018] NZHC 2526.2020 at 9.30 am to discuss whether the proposed appeal was to proceed or beabandoned. Mr Te Moni did not respond to this request.[7] In a minute dated 3 July 2020, Gilbert J set out the background and gave noticethat the Court intended to dismiss the application for leave to bring a second appealunless Mr Te Moni rectified his default by filing and serving fully particularisedgrounds of his application by 24 July 2020. Mr Te Moni has not filed anything furtherin response.[8] In the circumstances, Mr Te Moni's application for leave to bring a secondappeal is dismissed pursuant to s 338 of the Criminal Procedure Act 2011 because ofhis failure to comply with the timetable order.Result[9] The application for leave to bring a second appeal is dismissed.Solicitors:Crown Law Office, Wellington for Respondent