Prescott v Police

[2022] NZCA 16

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA313/2021
 [2022] NZCA 16

BETWEEN	PETER RICHARD PRESCOTT Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	Clifford and Gilbert JJ
Counsel:	Applicant in person B M McKenna and R M McMenamin for Respondent
Judgment: (On the papers)	16 February 2022 at 10.30 am

JUDGMENT OF THE COURT
[Costs]

The application for costs is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by Clifford J)

1. On 10 November 2021 this Court rejected Mr Prescott’s application[1] for an extension of time to apply for leave to appeal a decision of the High Court,[2] after the High Court declined his application for that grant of leave.[3]  The police opposed that application. 

   [1]Prescott v Police [2021] NZCA 586.

   [2]Prescott v Police [2021] NZHC 483.

   [3]Prescott v Police [2021] NZHC 941.

2. In a memorandum dated 17 December 2021 the police sought increased costs against Mr Prescott on that application.  No issue of costs was raised by the police in its notice of opposition, or in its written submissions.

3. It is the almost invariable policy of this Court to deal with costs applications at the time of hearing a matter, where costs have been applied for.

4. We see no reason to depart from that practice, which the police will be well aware of.

5. The application for costs is declined.

Solicitors:
Crown Law Office, Wellington for Respondent