Speed v Board of Trustees of Wellington Girls' College

[2024] NZCA 325

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA134/2024
 [2024] NZCA 325

BETWEEN	DOMINIC JAMES SPEED Applicant
AND	BOARD OF TRUSTEES OF WELLINGTON GIRLS’ COLLEGE Respondent

Counsel:	Applicant in person P A McBride for Respondent
Judgment: (On the papers)	18 July 2024 at 11 am

JUDGMENT OF COURTNEY J
(Review of Deputy Registrar’s decision)

The application for review of the Deputy Registrar’s decision is declined.

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REASONS

1. Mr Speed wishes to appeal a decision of the Employment Court delivered on 23 June 2023.[1]  He requires leave to appeal the decision but is out of time to make that application.[2]  He has applied for an extension of time to bring his leave application.[3]  He has also filed an application for a waiver of the $1,100 fee on the ground that he was unable to pay the fee and would suffer undue financial hardship if he did so.[4]

   [1]Speed v Board of Trustees of Wellington Girls College [2023] NZEmpC 99.

   [2]Employment Relations Act 2000, s 214(2).

   [3]Court of Appeal (Civil) Rules 2005, r 16A.

   [4]Court of Appeal Fees Regulations 2001, reg 5.

2. The only information Mr Speed provided to support his application for a fee waiver was a statement to the effect that his total weekly income after tax is $100 and that his only source of income is Universal Credit (a social security payment) in the United Kingdom, where he now lives.  A Deputy Registrar requested Mr Speed provide further information to support the application for a fee waiver by 27 March 2024.  Specifically, she requested that Mr Speed provide copies of bank statements for the three preceding months to verify his income and expenditure.  Mr Speed did not provide any further information.  By letter dated 5 April 2024, the Deputy Registrar declined his fee waiver application.

3. Mr Speed has requested a review of the Deputy Registrar’s decision, which has been referred to me.  In his request for review, Mr Speed explained that he is sick and has a note to that effect from his doctor.  He did not, however, provide the doctor’s note.  Mr Speed also gave a general explanation of his circumstances, including the fact that he is now unemployed, but did not provide any information to demonstrate his financial circumstances.

4. Under reg 5(2)(a) of the Court of Appeal Fees Regulations 2001, the Deputy Registrar has the power to grant a fee waiver if satisfied that Mr Speed would suffer undue financial hardship if he paid the fee.  She was entitled to request information that would enable her to be satisfied of Mr Speed’s assertion that he would suffer undue financial hardship.  Mr Speed’s failure to provide any information meant that the Deputy Registrar could not be satisfied, and that her decision was correct.

Result

1. The application for review of the Deputy Registrar’s decision is declined. 

Solicitors:
McBride Davenport James, Wellington for Respondent