Green v Chief Executive of the Department of Corrections

[2020] NZHC 1514

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-2018

[2020] NZHC 1514

UNDER

the Judicial Review Procedure Act 2016

BETWEEN

GLENN GREEN

Applicant

AND

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Judgment:

(On the papers)

30 June 2020

COSTS JUDGMENT OF BREWER J

This judgment was delivered by me on 30 June 2020 at 4:30 pm pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:
Meredith Connell (Auckland) for Respondent

GREEN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 1514 [30 June 2020]

[1]This is a costs judgment.

[2]        In my judgment of 25 March 2020,1 I dismissed Mr Green’s application for judicial review against the Chief Executive of the Department of Corrections. The subject-matter of Mr Green’s application was his dissatisfaction with the way probation officers were administering a special release condition imposed by a District Court Judge pursuant to s 93(2)(b) of the Sentencing Act 2002.

[3]Because this was a civil matter, I said:

[23] If there is any issue as to costs, the respondent is to file its  memorandum no later than 8 May 2020. If a memorandum is filed, Mr Green is to file his reply no later than 22 May 2020.

[4]        On 3 April 2020 the respondent filed a memorandum seeking costs. Nothing has been received from Mr Green.

[5]        The respondent seeks costs on a 2B basis. In my view that is the appropriate scale and I approve the time allocations set out in the respondent’s memorandum.

Decision

[6]I award costs in favour of the respondent in the sum of $16,371.50.

[7]Mr Green must pay the respondent’s disbursements in the sum of $160.

Brewer J

1      Green v Chief Executive of the Department of Corrections [2020] NZHC 640.