Lister v The (Deputy) Registrar High Court of New Zealand Auckland Registry

Debra Anne Greta Lister has brought an application for review against the Deputy Registrar of the High Court of New Zealand Auckland Registry. The application concerns the Registrar's decision to decline Ms Lister's recent application for judicial review, returning her statement of claim. Ms Lister's intended judicial review targets two decisions: one by Associate Judge Christiansen on 19 August 2014, and another by Justice Asher on 20 October 2014, declining her application for a review of Judge Christiansen's decision. Ms Lister clarifies that her new application is separate from her previous application for review, with the former seeking judicial review under the Judicature Amendment Act 1972, while the latter was brought under section 26P of the Judicature Act 1908.

The court must determine if the High Court has jurisdiction to entertain judicial review proceedings in relation to decisions made by its own judges and associate judges. Established cases such as Bulmer v Attorney-General and Hawkins v Attorney-General, as well as the House of Lords' decision in Re Racal Communications Ltd, clarify that the High Court lacks such jurisdiction. The reasoning is further reinforced by the understanding that no other court holds this jurisdiction either. Given this, the only available recourse for Ms Lister is to seek leave to appeal Justice Asher's decision, which she has already attempted. However, the court suggests that Ms Lister may be out of time to appeal to the Court of Appeal for leave, and it does not recommend that such an application would be appropriate or warranted.

The court's judgment upholds the Registrar's decision to reject Ms Lister’s claim for filing, confirming that the Registrar was correct in declining her application for judicial review. Consequently, Ms Lister's application for review of the Registrar's decision is dismissed.