IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV 2019-404-002797
[2020] NZHC 2581
UNDER the Judicial Review Procedure Act 2016 IN THE MATTER OF
An application for Judicial Review
BETWEEN
VINCENT ROSS SIEMER
Applicant
AND
ATTORNEY-GENERAL
Respondent
Hearing: 1 October 2020 Appearances:
Applicant in person
A M Powell and H F Brockway for the Respondent by VMR
Judgment:
1 October 2020
Reissued:
20 October 2020
JUDGMENT OF VAN BOHEMEN J
This judgment was delivered by me on 01 October 2020 at 3.30pm and
re-delivered by me on 20 October 2020 at 3.00pm in accordance with High Court Rules 2016, r 11.10
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel: Crown Law, Wellington Copy to:
Applicant
SIEMER v ATTORNEY-GENERAL [2020] NZHC 2581 [1 October 2020]
[1] Vincent Siemer applies to review a decision by Downs J denying Mr Siemer access to a document on the Court file in another proceeding.
[2]As set out below, I have no jurisdiction to review the decision of Downs J.
[3] Accordingly, I strike out the application in accordance with r 15.1 of the High Court Rules 2016.
[4] Because the hearing of Mr Siemer’s application was set down for today, I considered it appropriate to advise Mr Siemer in person at the hearing rather than make my decision on the papers and vacate the hearing. However, because the jurisdictional point is plain, I did not consider it appropriate to hear Mr Siemer on the point.
[5] At the hearing, I handed Mr Siemer a draft of this decision, which I have since amended and finalised.
History of application
[6] On 7 October 2019, Mr Siemer applied under the Senior Courts (Access to Court Documents) Rules 2017 (Access to Court Documents Rules) for access to an application for leave to commence proceedings brought by Razdan Rafiq. Mr Rafiq had been declared a vexatious litigant by an order made under s 88B of the Judicature Act 1908 that he was not to commence proceedings in any court without leave.
[7] Mr Siemer is also subject to such an order, which was made by the Court of Appeal on 4 March 2016.
[8] In a minute dated 24 October 2019, Downs J agreed that Mr Siemer was entitled to access the judgment of Venning J declining Mr Rafiq’s application for leave, but otherwise declined Mr Siemer’s application.1
[9] Mr Siemer applied for leave to appeal Downs J’s decision. In a judgment dated 18 December 2019, Downs J declined Mr Siemer’s application for leave.2 In his
decision, Downs J recorded his view that Mr Siemer remained a vexatious litigant,3 notwithstanding the contrary conclusion reached by Palmer J in another proceeding.4
[10] Mr Siemer appealed Downs J’s refusal to grant him leave to appeal. That appeal is currently before the Court of Appeal.
Application for judicial review
[11] Mr Siemer also applied to review Downs J’s…
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- Case
- [2020] NZHC 2581
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