Razdan Rafiq v Commissioner of New Zealand Police

[2014] NZSC 181

IN THE SUPREME COURT OF NEW ZEALAND

SC 113/2014
[2014] NZSC 181

BETWEEN	RAZDAN RAFIQ Applicant
AND	COMMISSIONER OF NEW ZEALAND POLICE Respondent

Court:	McGrath, William Young and Arnold JJ
Counsel:	Applicant in Person A Todd for Respondent
Judgment:	10 December 2014

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

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REASONS

1. The applicant seeks leave to appeal against a decision of Harrison J, dismissing the application for review of the decision of the Registrar of the Court of Appeal refusing to dispense with security for costs and ordering him to pay security for costs on or before 3 November 2014.[1]  The underlying appeal concerns a judgment of the High Court ordering the applicant to pay security for costs in proceedings brought against the Commissioner of New Zealand Police alleging that he had been assaulted by a police officer.[2]

   [1]Rafiq v Commissioner of New Zealand Police [2014] NZCA 500.

   [2]Rafiq v Commissioner of New Zealand Police [2014] NZHC 2074.

2. The principles applicable to dispensing with security for costs in the Court of Appeal were settled by this Court in Reekie v Attorney-General.[3]  The proposed appeal does not raise any fresh issue of general or public importance.  There is no error of principle in Harrison J’s approach.  Nor is there any risk of a miscarriage of justice.

   [3]Reekie v Attorney-General [2014] NZSC 63.

3. The application for leave to appeal is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent