Erickson v Ministry for Primary Industries [2017] NZCA 312 (20 July 2017)

Last Updated: 27 July 2017

IN THE COURT OF APPEAL OF NEW ZEALAND
CA584/2016 [2017] NZCA 312
BETWEEN	NOEL PIRIKA ERICKSON Appellant
AND	MINISTRY FOR PRIMARY INDUSTRIES Respondent

Court:	Kós P, Miller and Brown JJ
Counsel:	T Sutcliffe for Appellant J E L Carruthers for Respondent
Judgment: (On the papers)	20 July 2017 at 2.30 pm

JUDGMENT OF THE COURT

1. The application for recall of this Court’s judgment dated 29 June 2017 ([2017] NZCA 271) is granted.

2. The judgment is recalled and reissued to include the following order:

An order is made under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.

C The judgment is otherwise confirmed.
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REASONS OF THE COURT

(Given by Brown J)

[1] In Erickson v Ministry for Primary Industries^[1] this Court allowed the appellant’s appeal against sentence and substituted a sentence of 18 months’ imprisonment. An application for recall seeking to have this Court address the question of home detention was declined for the reason that any application for commutation to home detention should be made in the District Court with appropriate supporting information.
[2] In a joint memorandum, counsel now advise that the District Court does not have jurisdiction to hear an application for home detention unless leave of this Court is first granted.^[2] A further application for recall is made on that ground.
[3] We are satisfied that recall is justified in these circumstances. The application for recall of this Court’s judgment dated 29 June 2017 ([2017] NZCA 271) is granted.
[4] The judgment is recalled and reissued to include the following order: “An order is made under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.”
[5] The judgment is otherwise confirmed.

Solicitors:
Crown Law Office, Wellington for Respondent

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^[1] Erickson v Ministry for Primary Industries [2017] NZCA 271.

^[2] Sentencing Act 2002, ss 80I and 80K.