Siemer v Judicial Conduct Commissioner

[2013] NZCA 205

IN THE COURT OF APPEAL OF NEW ZEALAND

CA422/2012
[2013] NZCA 205

BETWEEN	VINCENT ROSS SIEMER Appellant
AND	JUDICIAL CONDUCT COMMISSIONER & ORS Respondent

Court:

Wild J

Judgment:

(On the papers)

6 June 2013 at 11.30 am

JUDGMENT OF WILD J

The appellant’s application to review the Registrar’s decision of 28 September 2012 is dismissed.

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1. By application dated 3 October 2012 Mr Siemer applies to review the decision of this Court’s Registrar on 28 September 2012 refusing to accept for filing a notice of appeal or review of a decision I gave on 5 September 2012 reviewing the Registrar’s decision declining to dispense with security for costs.  Having reviewed the Registrar’s decision, I upheld it.

2. In her 28 September 2012 decision the Registrar stated:

   There is no jurisdiction for this appeal.  You cannot appeal to the Court of Appeal against the decision of the Court of Appeal.  Accordingly your documents are not accepted for filing and are returned to you (enclosed).

3. In his application of 3 October Mr Siemer states that the Registrar’s decision is wrong in law.  He sets out s 61A of the Judicature Act 1908.  He states:

   4.The Chamber’s ruling was by a single judge, made without a hearing.

   5.As the Appellant’s appeal of the Chamber’s ruling was within time and met the above guidelines, the Registrar had no lawful power to refuse to file the application.

4. Mr Siemer is not correct in asserting that my decision of 5 September was a decision made under s 61A(1).  It was made under s 61A(3), because it was a decision reviewing a decision of the Registrar, namely her decision declining to dispense with security for costs.

5. This Court’s review powers under s 61A(2) are expressly limited to orders made by a single Judge pursuant to s 61A(1).  There is no power for the Court to review decisions made under s 61A(3).[1]

   [1]Siemer v Stiassny [2013] NZSC 11 at [4].

6. Accordingly, having reviewed the Registrar’s decision of 28 September 2012 I uphold it.  I dismiss Mr Siemer’s application.

Solicitors: