| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 65/2017 [2019] NZSC 18 |
| BETWEEN | ATTORNEY-GENERAL |
| AND | ARTHUR WILLIAM TAYLOR |
| Hearing: | 6 and 7 March 2018 |
Court: | Elias CJ, William Young, Glazebrook, O’Regan and |
Counsel: | U R Jagose QC, D J Perkins and G M Taylor for the Appellant |
Judgment: | 27 February 2019 |
JUDGMENT OF THE COURT
A The appellant must pay to the first respondent usual disbursements.
B The appellant must pay the second to fifth respondents costs of $15,000 or such lesser figure as evidenced by invoices produced to the Registrar.
CAny issues arising as to costs in the Court of Appeal in respect of Mr Taylor are to be dealt with in that Court.
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REASONS
Introduction
In a judgment delivered on 9 November 2018 we dismissed an appeal by the Attorney-and allowed Mr Taylor’s cross-appeal.[1] At issue on the appeal was whether the High Court had the power to make a declaration that the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 which extended the prohibition on voting to all prisoners was inconsistent with the New Zealand Bill of Rights Act 1990 (the Bill of Rights). The issue on the cross-appeal was whether the first respondent, Mr Taylor, had standing. The latter question arose because Mr Taylor had been prevented from voting under earlier legislation.
The Court found the High Court had power to make the declaration sought and that Mr Taylor had standing. Costs were reserved and submissions sought in the event the parties were not able to agree on costs. Agreement has not been reached. We can address the submissions that have now accordingly been filed on costs under two headings.
A costs award for Mr Taylor?
Mr Taylor was unrepresented. The general understanding is that a person in Mr Taylor’s situation (a lay litigant who is not a lawyer) is entitled to recover disbursements but not costs.[2] The Court in McGuire v Secretary for Justice did not depart from that position. Mr Taylor’s submission is that the Court should either find that McGuire is distinguishable because that case dealt with costs in the High Court or depart from McGuire and award costs to him as a lay litigant on the same basis as if he was a lawyer.
[2]McGuire v Secretary for Justice [2018] NZSC 116 at [55] and [88]. See also Re Collier (A Bankrupt) [1996] 2 NZLR 438 (CA) at 441–442; A C Beck and others McGechan on Procedure (looseleaf ed, Thomson Reuters) at [HRPt14.10(1)(a)]; and Commissioner of Inland Revenue v Chesterfields Preschools Ltd [2010] NZCA 400, (2010) 24 NZTC 24,500 at [162].
Mr Taylor’s principal argument relies…
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