Crequer v Chief Executive of the Ministry of Social Development
[2017] NZCA 76
•24 March 2017 at 11.30 am
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA63/2017 [2017] NZCA 76 |
| BETWEEN | MARGOT EMILY CREQUER |
| AND | THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT |
| Counsel: | Appellant (in person) |
Judgment: (On the papers) | 24 March 2017 at 11.30 am |
JUDGMENT OF MILLER J
(Review of Registrar’s Decision)
The application for review is dismissed.
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REASONS
This judgment responds to Ms Crequer’s application for review of a Registrar’s decision to refuse to waive a filing fee for an application for leave to bring a second appeal.
The proposed appeal concerns the interpretation of s 71A of the Social Security Act 1964. The waiver application was based on the ground of genuine public interest in this question. The Deputy Registrar understood that Ms Crequer did not assert inability to pay.
The Deputy Registrar considered that the application did not raise a question of law of significant interest to the public, but rather was peculiar to Ms Crequer and a small number of people who may be similarly affected by a reduction in an income-tested benefit where weekly compensation is also being received. I agree with the Deputy Registrar.
On closer examination of her application Ms Crequer does say that she is unable to pay for litigation. However, she also indicates that if the waiver is not granted she will decide then whether or not to pay, and she says that if a waiver is refused it is most “likely” that she will not proceed. I am not satisfied that she is without means to pay the fee.
The application for review is dismissed.
The date set by the Deputy Registrar for payment of the filing fee has now passed. I direct that the fee be paid by 6 April 2017.
Solicitors:
Crown Law Office, Wellington for Respondent
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