A review of the Registrar's decision (Lawson)

[2021] NZHC 2995

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

[2021] NZHC 2995

IN THE MATTER OF

A review of the Registrar’s decision (Sonja

Marie Lawson)

On the papers
Judgment:	5 November 2021

JUDGMENT OF MALLON J

[1]        The Registrar has referred correspondence to me from Sonja Marie Lawson addressed to “High Court Judge”.

[2]       The correspondence concerns the decision of the Registrar not to process a fee waiver application for a proceeding that Miss Lawson wishes to bring. On 25 June 2021 the Registrar advised Miss Lawson that it was necessary to have evidence that she was currently receiving a benefit before her fee waiver application could be processed. The intended proceeding was subsequently returned to Miss Lawson because no response had been received to the 25 June 2021 letter.

[3]       On 14 October 2021 Miss Lawson set out a complaint about the conduct of the Registrar and a Registry Officer relating to their decision not to process various applications. She attached correspondence from Work and Income dated 4 June 2021 and 30 June 2021 showing that she is in receipt of a benefit. She has noted on those letters that she posted them 17 June 2021 and 20 July 2021 respectively. However, the registry does not have a record of receiving those letters. Nor does the registry appear to have received other documents Miss Lawson says that she submitted. It is unclear why that is.

A review of the Registrar’s decision (Lawson) [2021] NZHC 2995 [5 November 2021]

[4]       The jurisdiction of a High Court Judge in these circumstances is confined to a review of the Registrar’s decision to decline the fee waiver. The Registrar acted correctly in returning the intended proceedings absent receipt of evidence in support of the fee waiver application. As Miss Lawson has now provided that evidence, the Registrar can reconsider the decision. However, to do that, she will need Miss Lawson to provide her intended proceedings (these having been returned to her).

Mallon J