MacFarlane v Erber - [1990] 2 NZLR 69

Criminal law — Jurisdiction — Abuse of Court's process — Inherent power of District Court — Dismissal of information — Defendant claimed unfairness in that late service of summons had deprived him of arguable defence — Whether District Court had inherent power to dismiss an information if its continuance to a hearing would amount to an abuse of the process of the Court.

Shipping and navigation — Offences — Negligent navigation — Ship's master, as the person responsible for the navigation of a ship, was charged with negligent navigation — Whether offence was one of absolute liability — Whether master could escape liability only if he laid his own information against another person — Whether defence under s 290(3) was available to a master who had not charged another person but that other person was coincidentally before the Court on a similar charge — Shipping and Seamen Act 1952, s 290.