Re Rafiq - [2014] NZHC 2291

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-002439 [2014] NZHC 2291

IN THE MATTER
of an application to review Registar's

decision

BY

RAZDAN RAFIQ Applicant

Hearing: (On the papers)

Judgment:

22 September 2014

JUDGMENT OF VENNING J Review of a Registrar's Decision

This judgment was delivered by me on 22 September 2014 at 11.30 am, pursuant to Rule 11.5 of the
High Court Rules.

Registrar/Deputy Registrar

Date……………

Copy to: Applicant
Solicitor-General

Re Rafiq review [2014] NZHC 2291 [22 September 2014]

[1] This is a review of a Registrar’s decision to refer certain proceedings by Mr

Rafiq to a Judge before accepting them for filing.

Brief background

[2] Mr Rafiq has issued numerous proceedings in this and other Courts. A search of the Court record discloses the following proceedings initiated by Mr Rafiq in this Court at Auckland:

CIV NAME OF CASE TYPE OF CASE STATUS

CIV-2014-404-002152
Rafiq v The

Commissioner of the New

Zealand Police
General Proceedings - HC Disposed

CIV-2014-404-002138 Rafiq v Meredith Connell General Proceedings - HC Active

CIV-2014-404-002088
Rafiq v Meredith Connell

Law Firm of New

Zealand
General Proceedings - HC Active

CIV-2014-404-002006
Rafiq v Meredith Connell

Law Firm of New
Zealand
General Proceedings - HC Active

CIV-2014-404-001988
Rafiq v The Secretary for

the Department of

Internal Affairs of New

Zealand
General Proceedings - HC Disposed

CIV-2014-404-001950
Rafiq v The

Commissioner of the New

Zealand Police
General Proceedings - HC Active

CIV-2014-404-001893
Rafiq v Yahoo! New

Zealand Limited
General Proceedings - HC Active

CIV-2014-404-001837
Rafiq v The

Commissioner of the New

Zealand Police
General Proceedings - HC Active

CIV-2014-404-001705
Rafiq v Special

Broadcasting Corporation of Australia
General Proceedings - HC Active

CIV-2014-404-001385
Rafiq v The Secretary for

Internal Affairs
General Proceedings - HC Disposed

CIV-2014-404-001084
Rafiq v The Director of

Civil Aviation Authority of New Zealand
General Proceedings - HC Closed

CIV-2014-404-001011
STAYED. NO

SECURITY FOR COSTS paid - Rafiq v Media Works TV Ltd & MSN

NZ Ltd
General Proceedings - HC Disposed

CIV-2014-404-000816 Rafiq v Meredith Connell General Proceedings - HC Active

CIV-2014-404-000772
Rafiq v The Privacy

Commissioner
General Proceedings - HC Closed

CIV-2014-404-000662 Rafiq v The Chief General Proceedings - HC Closed

Executive of the Ministry

of Social Development

CIV-2014-404-000147
Rafiq Razdan v Privacy

Commissioner
General Proceedings - HC Active

CIV-2014-404-000101
Rafiq v Google New

Zealand Limited
General Proceedings - HC Closed

CIV-2014-404-000073
Rafiq v The

Commissioner of the NZ Police
General Proceedings - HC Active

CIV-2013-404-005202
Rafiq v The

Commissioner of New
Zealand Police
General Proceedings - HC Disposed

CIV-2013-404-003470
Rafiq v Auckland District

Court
Judicial Review Closed

CIV-2013-404-002407
Rafiq v The Chief

Executive of the Ministry of Business, Innovation

and Employment
Judicial Review Active

CIV-2013-404-002340
APN New Zealand

Limited v Rafiq
Bankruptcy Closed

CIV-2013-404-002338
APN New Zealand

Limited v Rafiq
Bankruptcy Closed

CIV-2013-404-001717
Razdan Rafiq v The Chief

Executive of the Ministry of Business, Innovation

and Employment
General Proceedings - HC Closed

CIV-2013-404-000305 Rafiq v APN NZ LTD Appeal Closed

CIV-2013-404-000002
Razdan Rafiq v

Department of Labour
General Proceedings…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Rafiq

Details

AGLC: Re Rafiq [2014] NZHC 2291
Case: [2014] NZHC 2291
Decision Date: 22 September 2014

CaseChat Overview and Summary

The case of Re Rafiq concerns an application by Razdan Rafiq to review a Registrar's decision to refer certain proceedings to a Judge before accepting them for filing. Mr Rafiq has a history of initiating numerous proceedings in various courts, many of which have been dismissed or struck out as frivolous or vexatious. The Registrar referred several of Mr Rafiq's recent filings to a Judge due to their potential abuse of process. Mr Rafiq then filed another proceeding against the Attorney-General, seeking a declaration and damages, which was also referred to a Judge.

The legal issues before the court included whether the Registrar's decision to refer the proceedings to a Judge was justified and whether Mr Rafiq's actions constituted an abuse of the court process. The court had to determine whether Mr Rafiq's claims had any reasonable arguable cause of action and whether allowing them to proceed would be manifestly unfair or bring the administration of justice into disrepute.

The court found that the proceedings were indeed an abuse of process. The claims were frivolous and vexatious, with no reasonable arguable cause of action. Allowing these proceedings to proceed would waste the court's resources and unfairly burden the defendants. The court exercised its inherent jurisdiction to strike out the proceedings and directed the Registrar not to accept any further proceedings from Mr Rafiq without first referring them to a Judge. The application to review was dismissed.

In conclusion, the court dismissed the application to review and directed the Registrar to implement measures to prevent further abuse of the court process by Mr Rafiq.

Orders