Hayward v Commissioner of Police

The Court of Appeal of New Zealand heard two appeals from Jena Hayward and Mariana Cristea Hayward against the Commissioner of Police. The central dispute involved the refusal by the Registrar to waive security for costs, which was set at $4,000.00 for both appeals. The Haywards argued that they lacked the financial resources to pay this security and sought a review of the Registrar's decision.

The primary legal issue before the Court was whether the security for costs, set by the Registrar, should be waived due to the appellants' financial incapacity to meet this requirement. The Court needed to balance the appellants' financial circumstances with the need to protect the respondent from incurring unnecessary costs if the appeals were unsuccessful. The Court also considered whether the appeals were without merit, as this could influence the decision on waiving security.

In reviewing the Registrar's decision, the Court found that the appellants indeed lacked the financial means to pay the security for costs. The Court acknowledged that while the security was not presently payable due to the High Court's judgment, the Crown still held the benefit of the forfeiture order. Moreover, the Court concluded that the appeals, although challenging findings of fact, were not devoid of merit. Therefore, the Court was persuaded that the security for costs should be waived to ensure access to justice for the appellants. The application to review the Registrar's decision was granted, and security for costs was waived.