Alofa v Department of Labour - [1980] 1 NZLR 139

Criminal law — Application for leave to appeal out of time — Defendants had pleaded guilty in a Magistrate's Court to charges under s 14 of the Immigration Act 1964 of overstaying — Anticipating a Supreme Court decision in another case which held that the form of entry permits used was invalid and therefore no offence had been committed, the legislature retrospectively validated the form of permits — Validation was subject to a savings clause relating to judgments already given and appeals therefrom and pending cases — Whether the clause saving "the rights of the parties under any judgment given in any Court" covered a conviction in a Magistrate's Court — Whether the Court of Appeal should grant leave to appeal — Immigration Amendment Act (No 2) 1978, s 2(2).