Colman v R [2013] NZCA 622 (6 December 2013)

Last Updated: 11 December 2013

IN THE COURT OF APPEAL OF NEW ZEALAND
CA207/2013 [2013] NZCA 622
BETWEEN	JOHN COLMAN Applicant
AND	THE QUEEN Respondent

Court:	Ellen France, Harrison and French JJ
Counsel:	Applicant in person J E Mildenhall for Respondent
Judgment: (On the papers)	6 December 2013 at 3.30 pm

JUDGMENT OF THE COURT

The application for special leave to appeal is dismissed.
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REASONS OF THE COURT

(Given by French J)

[1] Mr Colman has filed an application in this Court seeking special leave under s 144(3) of the Summary Proceedings Act 1957 to appeal a decision of Gilbert J.^[1] In that decision, Gilbert J upheld a finding made by Judge Aitken in the District Court that Mr Colman was guilty of assault.^[2] In a subsequent decision, Gilbert J declined Mr Colman leave to appeal to this Court under s 144(2) of the Summary Proceedings Act,^[3] prompting Mr Colman to file the current application.
[2] This Court may only grant special leave to appeal if there is a question of law that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court for decision.
[3] We are satisfied that the appeal proposed by Mr Colman does not meet those criteria. The matters he seeks to raise are fact-specific, involving issues about Gilbert J’s impartiality and alleged breaches of the New Zealand Bill of Rights Act 1990. They do not involve questions of law. Further, while the issues are clearly important to Mr Colman, they are not of general or public importance.
[4] The application is accordingly dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent

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^[1] Colman v New Zealand Police [2013] NZHC 474.

^[2] New Zealand Police v Colman DC Whangarei CRI-2011-088-4292, 17 August 2012.

^[3] Colman v New Zealand Police [2013] NZHC 560.