16 Oct 2019
MITCHELL v NEW ZEALAND POLICE [2019] NZCA 497
- Citation
- [2019] NZCA 497
- Court
- Court of Appeal
s338 requires a separate judicial consideration following the 10 working day notice period before an appeal may be dismissed; a prospective automatic dismissal direction without a subsequent judicial act was an error of law and deprived the High Court of jurisdiction to dismiss, warranting quashing and remittal for reconsideration under s338.