Pomare v R [2022] NZCA 322 (18 July 2022)

Last Updated: 26 July 2022

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA395/2021 [2022] NZCA 322

	BETWEEN	KANE POMARE Appellant
	AND	THE QUEEN Respondent

Court:	French, Courtney and Collins JJ
Judgment: (On the papers)	18 July 2022 at 11 am

JUDGMENT OF THE COURT

The appeal is dismissed.
____________________________________________________________________

REASONS OF THE COURT

(Given by Courtney J)

• [1] Mr Pomare filed a notice of appeal in July 2021. Particularised grounds of appeal were originally required to be filed by 17 February 2022. Mr Pomare did not comply with that requirement.
• [2] In a minute of 26 May 2022 Courtney J directed Mr Pomare to file full particularised grounds of appeal by 9 June 2022. Mr Pomare was advised at that time that failure to comply with the direction would put him at risk of this Court exercising its powers under s 338(1) of the Criminal Procedure Act 2011 to dismiss the appeal.
• [3] Mr Pomare has taken no steps in response to the minute. He does not have counsel. In these circumstances, given Mr Pomare’s failure to comply with directions and failure to provide any reasonable explanation for the ongoing default we have decided to dismiss the appeal.

Solicitors:
Crown Solicitor, Auckland for Respondent