Solicitor-General's Reference (No 1 of 2016) from CRI 2015-485-52, High Court at Christchurch - SC 118/2016

Summary

Criminal Appeal – Land Transport Act 1998 – Whether the Court of Appeal erred in determining that the requirements of s 90 of the Land Transport Act 1998 had not been met – Whether the Court of Appeal erred in holding the correct remedy was the quashing of the defendant’s conviction.                         [2016] NZCA 417   CA663/2015

Result

A The application for leave to appeal is granted (Solicitor-General’s Reference (No 1 of 2016) [2016] NZCA 417).
B The approved question is whether the Court of Appeal was right to answer the two questions before it in the way that it did.         

19 December 2016

______________

A The appeal is allowed.  The answers given by the Court of Appeal to the questions on the Solicitor-General’ s reference are set aside.
B In substitution, the questions of law are answered as follows:
(a) Question One:  Was the High Court correct to conclude that the requirements of s 90 of the Land Transport Act 1998 had not been met in this case?
Answer:  No.
(b) Question Two:  If the requirements of s 90 were not met, was the correct remedy the quashing of the defendant’ s conviction?
Answer:  Does not arise for determination.
3 May 2017


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