Rafiq v New Zealand Customs Service

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.

CaseChat Overview and Summary

Rafiq v New Zealand Customs Service involved an applicant, Razdan Rafiq, seeking leave to institute a defamation claim against the New Zealand Customs Service. The matter was heard by Lang J in the High Court of New Zealand. Mr Rafiq, previously declared a vexatious litigant, had been restrained from initiating civil proceedings without the leave of a High Court judge. He sought permission to sue the Customs Service for defamatory statements made in 2008. Lang J found that this application, along with several others filed by Mr Rafiq in late 2015, were attempts to engage in the same pattern of litigation that had led to his vexatious litigant status. The judge dismissed the application, concluding it was similarly inappropriate to grant leave in this instance.

The court was required to determine whether Mr Rafiq's application for leave to sue for defamation should be granted, considering his history of vexatious litigation. The key issue was whether this application was an attempt to circumvent the order restricting Mr Rafiq from initiating proceedings without leave. The court had to weigh the nature of the defamation claim against the risk of allowing further litigation that could be deemed vexatious.

Lang J reviewed Mr Rafiq's history of litigation and found that the present application was akin to previous attempts that were struck out as vexatious. The judge considered the likelihood of this proceeding leading to further litigation of a similar nature. Lang J concluded that granting leave would not be appropriate given Mr Rafiq's past conduct and dismissed the application. The decision emphasised the importance of preventing vexatious litigation and ensuring the efficient use of court resources.

The final order was that Mr Rafiq's application for leave to commence a defamation claim against the New Zealand Customs Service was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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