Rafiq v New Zealand Customs Service

[2025] NZHC 328

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-002908

[2025] NZHC 328

UNDER

the Defamation Act 1992 Customs and Excise Act 2018

IN THE MATTER

of a claim

BETWEEN

RAZDAN RAFIQ

Intending Plaintiff

AND

NEW ZEALAND CUSTOMS SERVICE

Intending Defendant

Judgment:

(On the papers)

27 February 2025

JUDGMENT OF BREWER J

This judgment was delivered by me on 27 February 2025 at 3 pm pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

RAFIQ v NEW ZEALAND CUSTOMS SERVICE [2025] NZHC 328 [27 February 2025]

[1]    On 20 November 2024, I struck out two proceedings brought by Mr Rafiq against the New Zealand Customs Service (NZCS).1 Mr Rafiq, as he had done on two occasions previously, sought to sue NZCS for damages in respect of information held by it relating to Mr Rafiq.

[2]    In the same judgment, I made a limited order under s 166 of the Senior Courts Act 2016:2

(a)Mr Rafiq is restrained from commencing or continuing any proceeding against NZCS relating or pertaining directly or indirectly to the information in any court or tribunal without first obtaining the leave of this Court.

(b)The period of restraint is three years, commencing 22 November 2024.

(c)The restraint does not apply to any appeal Mr Rafiq may bring against any of the orders made in this Judgment.

[3]    I now have an application from Mr Rafiq to bring another proceeding against NZCS relating to the same information. This time the cause of action is expressed as being in defamation. He has tried that twice before.

[4]I set out some paragraphs of my Judgment as being apposite:

[10]      In 2018 Mr Rafiq applied for leave to commence defamation proceedings against NZCS. Justice Lang dismissed the application, noting:3

The latest proceeding is clearly an attempt by Mr Rafiq to engage in the same type of litigation that led to him being declared a vexatious litigant.

[11]      On 4 April 2022, Mr Rafiq applied for leave to sue NZCS for defamation out of time. Justice Woolford dismissed the application as being an abuse of process.4

…

[28] I am satisfied that Mr Rafiq has now brought four civil proceedings against NZCS about the information.5 All are or were totally without merit.6

1      Rafiq v New Zealand Customs Service [2024] NZHC 3473.

2 At [32].

3      Rafiq v New Zealand Customs Service [2018] NZHC 283 at [3].

4      Rafiq v New Zealand Customs Service [2022] NZHC 1756.

5      I refer to the two defamation proceedings described at [10] and [11], and the two proceedings the subject of this Judgment.

6      Senior Courts Act, s 167(1).

I have little doubt that if I do not make an order Mr Rafiq will file further proceedings as soon as he can find another pretext.

Decision

[5]    This is another clear example of Mr Rafiq trying to commence a proceeding which would be an abuse of the Court’s process.

[6]The application is denied.

Brewer J