5 Mar 2020
SHACKLETON v POLICE [2020] NZHC 384
- Citation
- [2020] NZHC 384
- Court
- High Court
Appeal allowed in part: the District Court's dismissal of the rehearing application was set aside; on the merits, the Dodge Ram was not a 'heavy motor vehicle' under Land Transport Act 1998 s2 so the applicable speed limit was 100 km/h and evidence of 123 km/h established guilt but with amended penalty; the RUC over-run was proven and, although regulations prescribe infringement fees, the Court retains sentencing discretion and substituted a reduced fine. Consequently the speeding infringement was amended and fines for both offences were reduced and re-imposed by this Court.