Rafiq v New Zealand Customs Service

[2018] NZHC 283

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-309

[2018] NZHC 283

BETWEEN

RAZDAN RAFIQ

Applicant

AND

NEW ZEALAND CUSTOMS SERVICE

Respondent

Hearing:	On the papers
Appearances:	Applicant in person
Judgment:	1 March 2018

JUDGMENT OF LANG J

This judgment was delivered by me on 1 March 2018 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

RAFIQ v NEW ZEALAND CUSTOMS SERVICE [2018] NZHC 283 [1 March 2018]

[1]                 On 27 May 2015 Wylie J made an order against Mr Rafiq under s 88B of the Judicature Act 1908.1 In terms of the order Mr Rafiq is not permitted to institute any civil proceeding in any Court without the leave of a Judge of the High Court.

[2]                 Mr Rafiq has filed an application for leave to commence a claim for defamation against the New Zealand Customs Service in respect of defamatory statements it is alleged to have made in February 2008.

[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. It is also similar in nature to other proceedings issued by Mr Rafiq at the end of 2015 under CIV-2015- 404-015, 2015-404-2709, 2015-404-2710, 2015-404-2766 and 2015-404-2767. Each of those  proceedings  was  struck  out  by  Palmer  J  in  a  judgment  delivered  on  3 December 2015.2

[4]                 I am satisfied that it is similarly appropriate to refuse leave in the present case. The application for leave is accordingly dismissed.

Lang J

Copy to Applicant

1      Attorney-General v Rafiq [2015] NZHC 1153.

2      Rafiq v Director of Civil Aviation Authority [2015] NZHC 3049.