1682 NEW ZEALAND GAZETTE, No. 70 21 APRIL 2005

(3) On 9 September 1997, the applicant was sentenced in the
High Court to 11 years’ imprisonment.

(4) On 18 February 1998, the Court of Appeal dismissed the
applicant’s appeal against conviction and sentence.

3. Trial, sentence and appeal for offences against
   complainant B—(1) On 22 July 1998, the applicant was
   convicted in the High Court of the following sexual offences
   against complainant B:
   (a) one count of sexual violation by rape; and
   (b) one count of sexual violation by unlawful sexual
   connection.

(2) On 10 February 1999, the applicant was sentenced in the
High Court to preventive detention.

(3) The sentencing Judge was entitled to sentence the
applicant to preventive detention or to an additional term of
imprisonment. The Judge’s decision to impose preventive
detention was influenced by the convictions described in
clause 2 (1).

(4) On 26 July 1999, the Court of Appeal dismissed the
applicant’s appeal against sentence.

4. Application for exercise of prerogative of mercy—(1)
   The applicant applied to the Governor-General on 10 October
   2003 for the exercise of the mercy of the Crown in respect
   of the convictions described in clause 2 (1).

(2) The Governor-General sought the advice of the Minister
of Justice on the application.

(3) The Minister of Justice appointed a Queen’s Counsel to
advise him on the application.

5. Complainant A’s retraction—(1) Since the applicant’s
   convictions on 8 August 1997, complainant A has stated
   that:
   (a) the applicant did not sexually abuse her; and
   (b) the evidence she gave at the trial that she had been
   abused by the applicant was false.

(2) Complainant A made these statements:
(a) in a letter dated 12 August 2002 from complainant
A to the applicant;
(b) in an affidavit dated 9 September 2002 by
complainant A; and
(c) in interviews with the Queen’s Counsel referred to in
clause 4 (3) on 26 April 2004 and 30 July 2004.

Reasons

6. Reasons—(1) The reason for the reference in respect
   of the applicant’s convictions entered on 8 August 1997
   is that the information in clause 5 indicates that evidence is
   now available that:
   (a) was not available at the time of the applicant’s trial
   and appeal; and
   (b) could lead the Court to conclude that a miscarriage
   of justice might have occurred.

(2) The reason for the reference in respect of the applicant’s
sentence of preventive detention imposed on 10 February
1999 is that, as described in clause 3 (3), the imposition of
the sentence was influenced by the convictions entered on
8 August 1997. If the convictions are overturned, the Court
may wish to reconsider the sentence of preventive detention.

DIANNE MORCOM, Clerk of the Executive Council.
go2442

Justices of the Peace Act 1957

Justice of the Peace Resignation

It is noted for information that
Frances Joan Bathurst, of 123A Chivalry Road,
Glenfield, Auckland
has resigned her appointment as a Justice of the Peace for
New Zealand.
Dated at Wellington this 18th day of April 2005.
BELINDA CLARK, Secretary for Justice.
go2429

Sentencing Regulations 2002

Order for Confiscation of Motor Vehicle

An order was made in the Christchurch District Court on
11 April 2005, for the confiscation of the following motor
vehicle:
1993 BMW 320, Registration No. ARU694.

Against: Johanna Elizabeth Van Der Woerd.
Anyone who has a legal interest in this vehicle should
contact the Court urgently (telephone (03) 962 4289) as the
Registrar may sell the vehicle.
This notice is placed pursuant to the Sentencing Regulations
2002.
C. J. HEATH, Deputy Registrar.
go2297

Order for Confiscation of Motor Vehicle

An order was made in the Christchurch District Court on
13 April 2005, for the confiscation of the following motor
vehicle:
1981 Ford Cortina, Registration No. JW5789.

Against: Matthew John Davis.
Anyone who has a legal interest in this vehicle should
contact the Court urgently (telephone (03) 962 4289) as the
Registrar may sell the vehicle.
This notice is placed pursuant to the Sentencing Regulations
2002.
C. J. HEATH, Deputy Registrar.
go2317

Order for Confiscation of Motor Vehicle

An order was made in the Christchurch District Court on
15 April 2005, for the confiscation of the following motor
vehicle:
1997 Holden Vectra, Registration No. WH3547.

Against: David Allan Maynard Swift.
Anyone who has a legal interest in this vehicle should
contact the Court urgently (telephone (03) 962 4289) as the
Registrar may sell the vehicle.
This notice is placed pursuant to the Sentencing Regulations
2002.
C. J. HEATH, Deputy Registrar.
go2406

Order for Confiscation of Motor Vehicle

An order was made in the Rotorua District Court on
22 February 2005, for the confiscation of the following
motor vehicle: