AD v Chief Executive of the Ministry of Business, Innovation and Employment

[2020] NZHC 2295

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2019-485-522

[2020] NZHC 2295

UNDER THE

Immigration Act 2009, s 247

IN THE MATTER OF

an application for judicial review of a decision of New Zealand Immigration

BETWEEN

AD

Applicant

AND

CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND

EMPLOYMENT

Respondent

Hearing:

On the papers

Counsel:

J H Cottrell for Applicant

S P Connolly and E J Cameron for Respondent

Judgment:

4 September 2020

JUDGMENT OF CLARK J

[1]    In a judgment delivered 15 May 2020 I determined two preliminary issues arising from AD’s application to judicially review two immigration decisions adverse to his interests:1

(a)AD’s application for further time in which to commence his proceeding challenging a decision made in July 2017 to suspend his visa waiver status, was dismissed.

(b)AD was prevented by s 186(3)(a) of the Immigration Act 2009 from

1      AD v Chief Executive of the Ministry of Business, Innovation and Employment [2020] NZHC 1010.

AD v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2020]

NZHC 2295 [4 September 2020]

judicially reviewing a decision made in September 2019 to decline his application for a temporary entry class visa.

[2]    As the respondent accurately observes in its memorandum seeking costs, the judgment was silent as to costs.

[3]    The respondent seeks scale costs on a 1B basis. On 10 June 2020 the respondent shared with the applicant the respondent’s quantification of costs. The applicant has not responded.

[4]    As the successful party the respondent is entitled to costs and disbursements. The respondent’s calculation of its costs and relevant disbursements is in accordance with its entitlement under the High Court Rules 2016.

[5]Accordingly, the applicant must pay to the respondent costs in the sum of

$5,435.71.

Karen Clark J

Solicitors:

Cottrell Law Ltd, Wellington for Applicant Crown Law Office, Wellington for Respondent