Rafiq v Chief Executive of the Ministry of Business, Innovation and Employment

[2014] NZCA 4

IN THE COURT OF APPEAL OF NEW ZEALAND

CA812/2013
[2014] NZCA 4

BETWEEN

RAZDAN RAFIQ
Appellant

AND

CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT
First Respondent

COMMISSIONER OF POLICE
Second Respondent

Counsel:

Appellant in Person
S Kinsler for Respondent

Judgment:

(On the Papers)

7 February 2014 at 2.15 pm

JUDGMENT OF HARRISON J

AThe application to review the Registrar’s decision refusing to dispense with security for costs is dismissed.

BThe appellant is to pay the sum of $5,880.00 by way of security for costs on or before 12 February 2014.

____________________________________________________________________

1. On 3 January 2014 the appellant, Razdan Rafiq, applied to review a decision made by the Registrar on 23 December 2013, declining his application to dispense with security for costs on this appeal.  She directed that the security be set at $5,880.00 and be paid on or before 12 February 2014.

2. The grounds for the Registrar’s direction were that Mr Rafiq had failed to establish it was in the interests of justice that costs be waived.  In particular she was not satisfied that there were any exceptional circumstances justifying dispensation.  Impecuniosity alone does not suffice.  Furthermore, the appeal does not raise an issue of public importance or significance.

3. Mr Rafiq has requested that his application be referred to Harrison J for determination to enable the initiation of a further appeal to the Supreme Court.

4. Mr Rafiq has failed to establish that the registrar erred.  Additionally I am satisfied that the appeal has no merit or prospects of success.  The application to review is dismissed.  Mr Rafiq is to pay the sum of $5,880.00 by way of security for costs on or before 12 February 2014.

_____________________________

Justice Rhys Harrison

Solicitors:           
Crown Law Office, Wellington for Respondent