Genge v Chief Executive of the Department of Corrections

[2023] NZCA 186

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA530/2022
 [2023] NZCA 186

BETWEEN	RICHARD GENGE Applicant
AND	CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS First Respondent
AND	ATTORNEY-GENERAL Second Respondent

Counsel:	Applicant in person W S Taffs for First Respondent
Judgment: (On the papers)	23 May 2023 at 11.00 am

JUDGMENT OF MILLER J
(Review of Registrar’s Decision)

The application for review is declined.  Security of $7,060 must be paid by 16 June 2023.

____________________________________________________________________

REASONS

1. Mr Genge has applied for review of a Registrar’s decision to decline to waive security for costs.

2. Mr Genge is impecunious.  He has not sought legal aid to pay for counsel.[1]

   [1]Reekie vAttorney-General [2014] NZSC 63, [2014] 1 NZLR 737 at [36].

3. The claim concerns his prison security classification and its consequences for him.  It is a claim of a kind that would justify waiver, had it any merit.

4. The Registrar found the appeal lacks merit.  I agree.  The evidence before the High Court was that security classification is not automated and does not turn on a prisoner’s RoC*RoI score.[2]  That is confirmed by Mr Genge’s own classification history.[3]  Further, Mr Genge’s low-medium classification does not preclude access to rehabilitation services.[4]  Justice Nation observed that most of this evidence was uncontested.[5]

   [2]Genge v Chief Executive, Department of Corrections [2022] NZHC 2508, at [48]–[50].

   [3]At [11]–[22]. 

   [4]At [87]–[94]. 

   [5]At [88].

5. The application for review is declined.  Security of $7,060 must be paid by 16 June 2023.

Solicitors:
Crown Solicitor’s Office, Christchurch for Respondent