Siemer v Attorney-General

Case [2022] NZHC 2789


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-485-168

[2022] NZHC 2789

BETWEEN

VINCENT ROSS SIEMER

Plaintiff

AND

ATTORNEY-GENERAL OF NEW ZEALAND

First Defendant

SUPREME COURT OF NEW ZEALAND

Second Defendant

On the Papers

Counsel:

Plaintiff self-represented

D Harris and R Lawrie for the Defendants

Judgment:

27 October 2022


JUDGMENT OF GWYN J

(Application to strike out)


Introduction

[1]                  This is an application by the Attorney-General, the first defendant, to strike out the claim by the plaintiff, Mr Siemer, for declarations and compensation for alleged breaches by the Supreme Court of New Zealand of his rights under the New Zealand Bill of Rights Act 1990 (Bill of Rights).

SIEMER v ATTORNEY-GENERAL [2022] NZHC 2789 [27 October 2022]

Procedural matters

[2]                  As recorded in my minute of 5 October 2022,1 by agreement of the parties I have determined the strike-out application on the basis of written submissions only.

Background to strike-out application

[3]                  This claim has a complicated procedural background which I set out below as necessary context to the application to strike out.

[4]                  Mr Siemer filed judicial review proceedings seeking an order in the nature of mandamus against a Judge of the High Court at Auckland. On 20 November 2020, the proceedings were struck out under rr 5.35B of the High Court Rules 2016 by Powell J.2

[5]                  Mr Siemer then filed a notice of appeal to the Court of Appeal. Security for costs on appeal was set at $14,120. Mr Siemer applied for dispensation from security for costs on appeal.

[6]                  The Deputy Registrar of the Court of Appeal declined to waive the security for costs requirement but reduced the amount of security to $7,060. Mr Siemer sought a review of the Deputy Registrar’s decision. On 17 May 2021, the application for review was dismissed, on the basis that the proceedings could be viewed as “frivolous, vexatious and an abuse of process of the Court”.3

First application for leave to appeal to the Supreme Court

[7]                  Mr Siemer sought leave to appeal the Court of Appeal’s decision to the Supreme Court. On 20 September 2021, the Supreme Court dismissed the application for leave to appeal on the basis that nothing raised by the plaintiff satisfied the criteria in s 74(2) of the Senior Courts Act 2016.4


1      Siemer v Attorney-General HC Wellington CIV-2022-485-168, 5 October 2022 (Minute of Gwyn J).

2      Siemer v Auckland High Court [2020] NZHC 3072 [20 November 2020].

3      Siemer v Auckland High Court [2021] NZCA 194 [17 May 2021] at [18].

4      Siemer v Auckland High Court [2021] NZSC 120 [20 September 2021].

[8]                  On 22 September 2021, Mr Siemer applied for recall of the Supreme Court’s judgment of 20 September 2021 on the basis that the judgment did not adequately summarise his grounds for the proposed appeal. On 21 October 2021, the Supreme Court dismissed the application for recall on the basis that Mr Siemer was, in effect, wishing to argue that…

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Siemer v Attorney-General [2022] NZHC 2789
Case
[2022] NZHC 2789
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CaseChat Overview and Summary

The case of Siemer v Attorney-General was an application by the Attorney-General to strike out a claim by Mr Siemer for alleged breaches by the Supreme Court of New Zealand of his rights under the New Zealand Bill of Rights Act 1990. The legal issues the court was required to decide were whether the claim was barred by judicial immunity, whether it was an abuse of process, and whether the Supreme Court should be removed as a defendant. The court found that the claim was barred by judicial immunity and was an abuse of process. The court also found that the Supreme Court should be removed as a defendant. The court granted the application to strike out the claim and ordered that the first defendant was entitled to costs on a Category 2B basis.

In arriving at this decision, the court considered the principles applicable to applications to strike out, the submissions of the parties, and relevant authorities. The court found that the claim was barred by judicial immunity because the common law in New Zealand recognises immunity from suit for judicial officers exercising judicial functions. The court also found that the claim was an abuse of process because it amounted to a collateral attack on the earlier Supreme Court decisions. The court further found that the Supreme Court should be removed as a defendant because the Attorney-General is the appropriate defendant for any Bill of Rights claims. The court struck out the claim and ordered that the first defendant was entitled to costs on a Category 2B basis. The defendant had until 10 November 2022 to file and serve any memorandum seeking costs and disbursements, and Mr Siemer had until 24 November 2022 to file and serve any memorandum as to costs in reply. The court would then deal with the question of costs on the papers.

Orders

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Background

Background to the litigation

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Evidence Before The Court

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Decision

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