Waru v New Zealand Police - [2025] NZHC 732
Date of Judgment
01 April 2025
Decision
Waru v New Zealand Police (PDF 273 KB)
Summary
Appeal against decision of the District Court refusing to award costs against the prosecution under s 364 of the Criminal Procedure Act 2011. The application was made in relation to two procedural errors made by the police prosecutors in the course of a prosecution. The errors were failing to disclose a relevant video to the defence, and failing to engage in case management discussions and complete case management memoranda. Held: The appeal is dismissed. The District Court Judge was correct to find that both procedural errors were not "significant" as to attract a costs award under s 364.
However, the Judge noted and addressed wider issues that emerged from the appeal regarding the operation and effectiveness of the current case management procedures introduced in 2011. It seemed, at least from the information in this case, that the procedures were sometimes not being engaged with resulting in longer rather than shorter periods of resolving criminal cases in the District Court.
However, the Judge noted and addressed wider issues that emerged from the appeal regarding the operation and effectiveness of the current case management procedures introduced in 2011. It seemed, at least from the information in this case, that the procedures were sometimes not being engaged with resulting in longer rather than shorter periods of resolving criminal cases in the District Court.