IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2018-404-2427
[2019] NZHC 1019
UNDER the Judicial Review Procedure Act 2016 BETWEEN
GLENN GREEN
Applicant
AND
NEW ZEALAND POLICE
Respondent
On the papers Appearances:
Applicant, Self-represented J Simpson for Respondent
Judgment:
30 May 2019
COSTS JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 30 May 2019 at 2.00 pm Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
GREEN v NEW ZEALAND POLICE [2019] NZHC 1019 [30 May 2019]
[1] On 5 April 2019, I gave a judgment striking out an application for judicial review by Glenn Green and reserved the question of costs for consideration on the basis of memoranda to be filed.1
[2]Counsel for the respondent has filed a memorandum seeking payment of
$3,270, being the total amount of the costs incurred. Mr Green opposes the making of any costs order.
The nature of the proceeding
[3] Mr Green appeared in the District Court at Waitakere on 13 September 2018, charged with blackmail. After he had pleaded not guilty and elected trial by jury, his application for bail pending trial was opposed by the Police. The grounds for opposition were set out in a standard form, POL 128 08/10, which is routinely completed by the Police when an application for court bail is opposed.
[4] Judge L Tremewan declined to grant bail, giving her reasons in a considered judgment.2 Mr Green appealed against the refusal of bail but subsequently abandoned the appeal, and it was dismissed by Lang J on 11 January 2019.
[5] In the judicial review proceeding, Mr Green sought to challenge the content of the bail opposition form and the actions of the Police in preparing it. He sought:
(a)a declaration that the bail opposition form was invalid;
(b)an order striking out the form, purportedly under rr 5.17 and 5.25 - 5.35 of the High Court Rules 2016; and
(c)an order directing that the Police "be investigated for crimes under the Crimes Act 1961".
1 Green v Police [2019] NZHC 708.
2 Police v Green [2018] NZDC 19327.
[6] In support of his claim, Mr Green alleged that the Police deliberately fabricated the completed form by including false and misleading information about his prior convictions and presented it to the District Court "to obtain a pecuniary advantage".
[7] In considering the application by the New Zealand Police to strike out Mr Green's claim, I held:
(a)The proffering of the bail opposition form did not amount to the exercise of a statutory power of decision susceptible to review under the Judicial Review Procedure Act 2016;3
(b)The Court did not, in any event, have the power to "strike out" the opposition to bail form nor to direct an investigation into spurious allegations of criminal behaviour by Police officers;4 and
(c)The claim was an abuse of the process of the Court because the real thrust of the proceeding was to challenge Judge Tremewan's decision to decline…
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