9 Jun 2021
MARTIN v NEW ZEALAND POLICE [2021] NZHC 1356
- Citation
- [2021] NZHC 1356
- Court
- High Court
Section 52A(5) must be read according to its plain words and requires prior convictions under s 52A(1); s 22 of the Interpretation Act does not apply because s 52A does not apply or refer to a repealed enactment or replaced provision that would trigger deeming; in absence of express carry‑over Parliament's omission must be respected; therefore the appellant's conviction was unsustainable and the appeal is allowed.