Nicholls v Masterton District Court - [1996] 2 NZLR 156

Criminal practice and procedure — Trial — Venue — Committal for trial — High Court "nearest" to committing Court — Whether lawful for Justices at Masterton to commit to High Court at Wellington — Whether Palmerston North "nearest" Court — Measurement of distance — Whether issue should be determined by reference to straight line measurement — Summary Proceedings Act 1957, s 168A — Juries Act 1981, s 5(5)(b).

Judicial review — Procedure — Application for review of Justices' committal decision — Meaning of "nearest" Court to Court of committal — Whether lawful for Justices at Masterton to commit for trial in Palmerston North — Whether High Court at Palmerston North "nearest" to committing Court — Whether straight line measurement should be adopted as test of "nearest" — Observations as to appropriateness of judicial review procedure to determine that issue — Summary Proceedings Act 1957, s 168A — Acts Interpretation Act 1924, s 25(c).