Application for leave to appeal out of time — failure to drive with due care for safety of children discharging from stationary school bus — Road User r 5.6(1A)(a) — Land Transport Act 1998, s 2 — definition of a road — Neilson v R [2015] NZCA 469 — Butcher v R [2015] NZCA 102 — Cavanagh v Ministry of Transport HC Invercargill M40/84, 30 May 1983 — Elvey v Police [1969] NZLR 21. The applicant sought leave to appeal out of time in respect of a decision given by two Justices of the Peace (JP's) in 2012. He had been charged with meeting a stationary school bus which was parking up and discharging children and failing to drive with due care for the safety of those children. The basis of the appeal was that the bus was not parked on a road. The Judge referred to case law which demonstrated that the courts take a wide interpretation of the definition of a road. The Judge also reviewed the evidence, assessment and conclusions of the JP's and could not conclude they were wrong in their assessment. The application was declined. The applicant had waited six years from the decision to try and appeal and could not meet the interests of justice test required for the application to be granted. Judgment Date: 19 February 2019.