Harimate v Police [2023] NZHC 269 (22 February 2023)

Last Updated: 30 March 2023

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2022-404-000398 [2023] NZHC 269

BETWEEN	NEVILLE JAMES HARIMATE Appellant
AND	NEW ZEALAND POLICE Respondent

Hearing:	On the papers
Counsel:	N D F Bond for Appellant WN Fotherby and F Wu for Respondent
Judgment:	22 February 2023

JUDGMENT OF DOWNS J

This judgment was delivered by me on Wednesday, 22 February 2023 at 4 pm.

Registrar/Deputy Registrar

Solicitors/Counsel:

Crown Solicitor, Auckland. N D F Bond, Auckland.

HARIMATE v POLICE [2023] NZHC 269 [22 February 2023]

[1] Neville Harimate pleaded guilty to three charges of breaching a protection order in 2012. It is now clear—and accepted by the prosecution—no protection order existed, as the (temporary) order had lapsed. It follows Mr Harimate pleaded guilty to an offence that could not in law be committed.

[2] That the protection order had lapsed was not confirmed until recently, meaning January 2023. Mr Harimate seeks permission to appeal his conviction out of time on the basis justice has miscarried. The respondent offers no opposition to permission being given, or to the appeal being allowed. The parties also agree the case could be determined on the papers, meaning without a hearing.

[3] I grant permission for an out of time appeal and allow the appeal. While Mr Harimate pleaded guilty, he could not be guilty of an offence which could not be committed in law. No recitation of authority is required.

Result

[4] Permission is granted, the appeal allowed, and the convictions quashed.

...................................

Downs J