Hayward v Commissioner of Police

[2013] NZCA 668

IN THE COURT OF APPEAL OF NEW ZEALAND

CA468/2013
[2013] NZCA 668

BETWEEN	JENE CHE TEWANA HAYWARD First Appellant
AND	THE COMMISSIONER OF POLICE Respondent

CA464/2013
BETWEEN	MARIANA NATALIA CRISTEA HAYWARD Second Appellant
AND	THE COMMISSIONER OF POLICE Respondent

Counsel:

DRI Gay for Appellants

Judgment:

(On the papers)

18 December 2013 at 2.00 pm

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

The application to review the decision of the Registrar declining to waive security for costs is granted.  Security is waived.

____________________________________________________________________

REASONS

1. The Haywards have applied to review the Registrar’s decision refusing to waive security for costs, which was set at $4,000.00 for the two appeals.

2. I am sufficiently persuaded, as was the Registrar, that the appellants lack the financial resources to pay security.  I accept that strictly speaking the Commissioner does not presently have security as a result of the High Court judgment, but the Crown does have the benefit of the forfeiture order.  And while the appeal confronts findings of fact, it cannot be described as hopeless.

3. For these reasons the application is granted.  Security for costs is waived.

Solicitors:
Crown Law Office, Wellington for Respondent