Pretrial — application to amend charges — driving with reckless disregard — interference with transport facility — principle of timely justice — tikanga Māori — mana and utu — Land Transport Act 1998, ss 7 & 35 — Crimes Act 1961, s 270 — Criminal Procedure Act 2011, ss 133 & 296 — Summary Proceedings Act 1957 — R v Grace [2019] NZDC 19070 — R v Grace [2020] NZHC 687 — Police v Campbell [1990] 3 NZLR 9 — Linfox Logistics (NZ) Ltd v WorkSafe New Zealand [2018] NZHC 2909 — Takamore v Clarke [2012] NZSC 116, [2013] 2 NZLR 733 — Ngāti Hurungaterangi v Ngāti Wahiao [2016] NZHC 1486, [2016] 3 NZLR 378 — R v Mason [2012] NZHC 1361, [2012] 2 NZLR 695 — Mason v R [2013] NZCA 310 — Ali’imatafitafi v R CA59/07 2 August 2008. The defendant had initially been charged under s 270(1)(a) of the Crimes Act for driving with reckless disregard for the safety of the public and interfering with a transport facility, carrying a maximum sentence of 14 years' imprisonment. The defendant had driven the wrong way down a state highway. The Judge granted defence counsel's application to amend the charges to an offence under s 35 of the Land Transport Act, which carried a maximum sentence of 3 months' imprisonment. The Judge had held that a highway did not constitute a "transport facility" and the High Court on appeal upheld this decision, noting as obiter dicta that driving the wrong way down a highway could constitute an offence under s 270(1)(a) "interfering with other vehicles" or (b) "doing something to other vehicles". Following the appeal the Crown sought to amend the charges to fit these offences. The issue was whether it was appropriate to amend the charges under s 133 of the Criminal Procedure Act. The Judge considered a breadth of case law on the matter, which considered principles of justice and tikanga Māori. Courts have been reluctant to grant amendments to charges where this results in a significant delay in the justice process. Here, some 2 years had elapsed since the initial charges were pressed, and the defendant's mana was, and continued to be, affected by the proceedings. The Judge declined the application to amend the charges. The charges remained those of reckless driving under ss 7 and 35 of the LTA. Judgment Date: 21 July 2020