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

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

CaseChat Overview and Summary

The High Court of New Zealand considered an application for judicial review brought by AD against a decision of the Chief Executive of the Ministry of Business, Innovation and Employment. AD, an applicant, sought to challenge two immigration decisions made against him: the first being a decision to suspend his visa waiver status in July 2017, and the second being a decision to decline his application for a temporary entry class visa in September 2019. The court previously determined that AD’s application for further time to commence his proceedings was dismissed, and that he was barred by section 186(3)(a) of the Immigration Act 2009 from challenging the second decision.

The court was required to decide whether the respondent, as the successful party in the judicial review proceedings, was entitled to an award of costs. The respondent sought scale costs on a 1B basis, having quantified its costs and disbursements and shared this information with AD. AD did not respond to the respondent’s calculation. The court found that the respondent, as the successful party, was entitled to costs and disbursements under the High Court Rules 2016.

The court awarded the respondent costs amounting to $5,435.71. This decision was based on the respondent’s entitlement to costs as the successful party in the judicial review proceedings and the lack of any response from AD to the respondent’s quantification of costs. The court ordered AD to pay the respondent these costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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