Green v Chief Executive of the Department of Corrections

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.

CaseChat Overview and Summary

The High Court of New Zealand was asked to consider an application for judicial review by Glenn Green against the Chief Executive of the Department of Corrections. Mr Green sought to challenge the administration of a special release condition imposed by a District Court Judge under section 93(2)(b) of the Sentencing Act 2002. Specifically, he was dissatisfied with how probation officers were managing this condition. The court was required to determine whether Mr Green's application for judicial review had merit and, if not, to decide on the appropriate costs under the Judicial Review Procedure Act 2016.

In the earlier judgment, the court dismissed Mr Green's application for judicial review. The court found that the Chief Executive of the Department of Corrections had acted within their lawful powers and that Mr Green's dissatisfaction did not constitute a valid ground for judicial review. Consequently, the court turned its attention to the matter of costs. The respondent filed a memorandum seeking costs on a 2B basis, which the court deemed appropriate. After considering the time allocations set out in the respondent's memorandum, the court approved the request for costs.

The court awarded costs in favour of the respondent in the sum of $16,371.50, plus disbursements of $160, to be paid by Mr Green. This decision followed the court's earlier directive that if the respondent filed a memorandum seeking costs, Mr Green would be required to respond. As Mr Green did not file any reply, the court proceeded to award the requested costs to the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established