Siemer v Judicial Conduct Commissioner

[2014] NZSC 152

IN THE SUPREME COURT OF NEW ZEALAND

SC 86/2014
[2014] NZSC 152

BETWEEN

VINCENT ROSS SIEMER
Applicant

AND

JUDICIAL CONDUCT COMMISSIONER
First Respondent

RODNEY HANSEN
Second Respondent

DAVID HARVEY
Third Respondent

Court:	McGrath, Glazebrook and O'Regan JJ
Counsel:	Applicant in Person
Judgment:	24 October 2014

JUDGMENT OF THE COURT

The application for recall of this Court’s judgment [2014] NZSC 138
is dismissed.

____________________________________________________________________

REASONS

1. Mr Siemer seeks recall of this Court’s judgment[1] dealing with his application for leave to appeal against a decision of White J dated 30 July 2014.[2]

   [1]Siemer v Judicial Conduct Commissioner [2014] NZSC 138.

   [2]Siemer v Judicial Conduct Commissioner [2014] NZCA 358.

2. The application is advanced on the basis that the Court’s reasoning for its decision to dismiss the application for leave is not adequately set out in the leave judgment. 

3. Section 16(2) of the Supreme Court Act 2003 provides that the Court’s reasons for refusing to give leave to appeal “may be stated briefly, and may be stated in general terms only”.  That is the approach that was followed in the leave judgment.

4. None of the grounds which would normally justify the recall of a judgment has been identified in the application.  It is therefore dismissed.