McGuire v Manawatu Standards Committee

[2016] NZCA 364

IN THE COURT OF APPEAL OF NEW ZEALAND

CA275/2016
[2016] NZCA 364

BETWEEN

JEREMY JAMES MCGUIRE
Appellant

AND

MANAWATU STANDARDS COMMITTEE
First Respondent

LEGAL COMPLAINTS REVIEW OFFICER
Second Respondent

Counsel:

Appellant in person

Judgment:

(On the papers)

28 July 2016 at 4.00 pm

JUDGMENT OF FRENCH J
(Review of Registrar’s Decision)

AThe application for a review of the Registrar’s decision refusing to waive payment of the filing fee is declined.

BThe appellant is ordered to pay the filing fee of $1,100 immediately.

____________________________________________________________________

REASONS

1. Mr McGuire seeks a review of a Registrar’s decision declining to waive payment of the filing fee for an appeal he has filed.

2. The appeal itself is against a decision of Gendall J in the High Court declining to award Mr McGuire costs in a judicial review proceeding Mr McGuire had brought against the respondents.[1]  Mr McGuire was successful in the judicial review proceeding and intends to argue on appeal that costs should have followed the event.

   [1]McGuire v Manawatu Standards Committee [2016] NZHC 1052; McGuire v Manawatu Standards Committee HC Palmerston North CIV-2015-454-16, 1 June 2016 [Minute of Gendall J].

3. Mr McGuire submits that in declining to waive payment of the filing fee for the appeal, the Registrar has effectively contradicted and/or reinterpreted Gendall J’s decision.  This is said to be because Gendall J found the proceeding involved a matter of public interest whereas the Registrar says it does not.

4. I do not accept that submission.  Justice Gendall’s reference to the public interest was in the context of a finding that the respondents had acted in the public interest.[2]  That was one of the reasons the Judge gave for declining to award costs against them.  There is no inconsistency between the Judge’s ruling and the undoubtedly correct finding by the Registrar that Mr McGuire’s appeal does not involve a matter of general public importance or genuine public interest.  The principles relating to the awarding of costs against entities exercising statutory functions are well established.

   [2]Minute of Gendall J, above n 1, at [7].

5. Mr McGuire does not advance any other ground of review.  

6. I consider the Registrar’s decision was correct.  The application for review is declined.  The filing fee of $1,100 must be paid immediately.