Solicitor-General's Reference (No 1 of 2016) from CRI 2015-485-52, High Court at Christchurch - SC 118/2016
Media releases
Summary
Result
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
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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
Hearing Transcripts
Related Documents
Court of Appeal decision — SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2016), FROM CRI-2015-485-52, HIGH COURT AT CHRISTCHURCH [2016] NZCA 417 [5 September 2016]
Leave judgment - leave granted — SOLICITOR - GENERALʼS REFERENCE (NO 1 OF 2016) FROM CRI - 2015 - 485 - 52, HIGH COURT AT CHRISTCHURCH [2016] NZSC 168 [19 December 2016] (PDF 105 KB)
Substantive judgment — SOLICITOR-GENERALʼS REFERENCE (NO 1 OF 2016) FROM CRI-2015-485-52, HIGH COURT AT CHRISTCHURCH [2017] NZSC 58 [3 May 2017] (PDF 247 KB)