Razdan Rafiq v Chief Executive Mbie and the Privacy Commissioner

[2014] NZSC 145

IN THE SUPREME COURT OF NEW ZEALAND

SC 19/2014
[2014] NZSC 145

BETWEEN

RAZDAN RAFIQ
Applicant

AND

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

THE COMMISSIONER OF THE NEW ZEALAND POLICE
Second Respondent

SC 40/2014
BETWEEN	RAZDAN RAFIQ Applicant
AND	THE PRIVACY COMMISSIONER Respondent

Court:	Elias CJ, William Young and Arnold JJ
Counsel:	Applicant in person S M Kinsler for Respondents SC 19/2014 K E Evans for Respondents SC 40/2014
Judgment:	10 October 2014

JUDGMENT OF THE COURT

The application for recall is dismissed.
____________________________________________________________________

REASONS

1. On 16 June 2014, the Court delivered judgment dismissing two applications for leave to appeal by Mr Rafiq against decisions of Harrison J upholding decisions by the Registrar of the Court of Appeal as to security for costs.[1]  Mr Rafiq now seeks a recall of the judgment.

   [1]Rafiq v Chief Executive of Ministry of Business, Innovation and Employment [2014] NZSC 72.

2. The points raised by Mr Rafiq are not new, with one exception.  The exception is that Mr Rafiq alleges that the Court:

   … failed to consider that the review of the registrar’s decision not to dispense with security for costs was not presided by a panel of 3 Judges including the President of the Court of Appeal.  This has prejudiced the outcome of the Court of Appeal’s decision.

3. However, there is clear statutory authority for a single Judge of the Court of Appeal to review a decision of the Registrar as to security for costs: see s 61A(3) of the Judicature Act 1908 and rule 7(2) of the Court of Appeal (Civil) Rules 2005.

4. Accordingly, the application for recall is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondents SC 19/2014