5 JULY NEW ZEALAND GAZETTE 2307

*S.R. 1990/129

Explanatory Note

This note is not part of the notice, but is intended to indicate its general effect.

This notice appoints an advisory committee in respect of 3 companies connected with the Equiticorp group that are subject to statutory management under the Corporations (Investigation and Management) Act 1989 by virtue of the Corporations (Investigation and Management) Order 1990.

907168

Crimes Act 1961

Reference to the Court of Appeal of the Question of the Conviction of Ross Gary Appelgren for the Murder of D’Arcy Clement Te Hira

PAUL REEVES, Governor-General

ORDER IN COUNCIL

At Wellington this 2nd day of July 1990

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

Whereas, on the 25th day of July 1985, Ross Gary Appelgren was convicted in the High Court at Auckland on a charge of murdering D’Arcy Clement Te Hira and was sentenced to imprisonment for life:

And whereas an application, dated the 16th day of October 1989, has been made by Ross Gary Appelgren for the exercise of the mercy of the Crown in respect of that conviction upon the grounds (among others)—

(a) That, at the time of his trial two Police job sheets existed which were not available to Ross Gary Appelgren, or his counsel, at his trial and which contained a record of what a witness said when interviewed shortly after the attack on D’Arcy Clement Te Hira; and

(b) That, at the time of his trial, a note apparently in the handwriting of the same witness existed which was not available to Ross Gary Appelgren, or his counsel, at his trial and which purports to record what the witness knew about the attack on D’Arcy Clement Te Hira; and

(c) That the statements apparently made by the witness and set out in the Police job sheets and in the handwritten note are in conflict with the evidence (which was given by the witness at the trial of Ross Gary Appelgren) that the witness saw the attack on D’Arcy Clement Te Hira; and

(d) That, having regard to the evidence given at the trial and to the contents of the job sheets and the handwritten note, the said Ross Gary Appelgren ought not to have been convicted of murder:

And whereas it appears that evidence is now available which could lead the Court of Appeal to the conclusion that the trial was unsatisfactory and that a miscarriage of justice might have occurred:

Now therefore, pursuant to section 406 (a) of the Crimes Act 1961, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby refers to the Court of Appeal for hearing and determination the question of the conviction of Ross Gary Appelgren for the murder of D’Arcy Clement Te Hira.

MARIE SHROFF, Clerk of the Executive Council.

907346

Criminal Justice Act 1985

Name Change of District Prisons Board

The Minister of Justice has been pleased to give notice that the Wi Tako District Prisons Board, established pursuant to section 132 (1) of the Criminal Justice Act 1985 and gazetted on 19 September No. 173, page 4084 is now to be known as the Rimutaka District Prisons Board.

Dated at Wellington this 26th day of June 1990.

D. OUGHTON, Secretary for Justice.

907339

Establishment of the Nelson and Marlborough Criminal Justice Advisory Council

Pursuant to section 134 (1) of the Criminal Justice Act 1985, the Minister of Justice has been pleased to establish the following Criminal Justice Advisory Council:

Dated at Wellington this 1st day of June 1990.

D. OUGHTON, Secretary for Justice.

907340

Dairy Board Act 1961

New Zealand Dairy Board Elections 1990—Declaration of Results

I, Brian Eric Clarke, Returning Officer, appointed under section 10 of the Dairy Board Act 1961, hereby declare the results of the election of a director on the New Zealand Dairy Board to be as follows:

Taranaki Ward

There being two nominations, a poll was conducted on 27 June 1990 and the result of that poll was:

Blyde, Peter McCormick 23 257 443
Gibson, Thomas Harre 33 662 193
Total 56 919 636

Mr Gibson is hereby elected as a director for the Taranaki Ward on the New Zealand Dairy Board.

Declared at Lower Hutt this 28th day of June 1990.

B. E. CLARKE, Returning Officer.

907320

Judicature Act 1908

Commissioner of High Court Appointed

Pursuant to section 47 of the Judicature Act 1908, the Right Honourable Sir Johann Thomas Eichelbaum, G.B.E., Chief Justice of New Zealand, has this day appointed:

Gordon Raymond Brown of Sandgate, Queensland, to be a Commissioner of the High Court of New Zealand in Queensland and for the purpose of administering and taking oaths, affidavits and affirmations as in the said section mentioned.

Dated at Wellington this 22nd day of June 1990.