Wallace v Attorney-General

[2021] NZCA 506

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA534/2021
 [2021] NZCA 506

BETWEEN	RAEWYN WALLACE Applicant
AND	ATTORNEY-GENERAL Respondent

Counsel:	G E Minchin for Applicant
Judgment: (On the papers)	4 October 2021 at 10.00 am

JUDGMENT OF MILLER J
(Review of Registrar’s Decision)

The application for review of the Registrar’s decision to refuse a fee waiver is declined.

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REASONS

1. I accept that this appeal and cross-appeal raise questions of law that merit determination.  They are:  the finding that there was not a rights-compliant investigation; the finding that the Solicitor-General gave inadequate reasons for declining to prosecute in the circumstances; whether the applicant was obliged to prove Constable Abbott did not act in self-defence; and whether a claim for damages for a breach of the Bill of Rights Act 1990 is time-barred.

2. However, contrary to Mr Minchin’s submissions, the proceeding has been brought to vindicate a private interest, not a public one, and it is clear that it will proceed with or without a fee waiver.  That being so, the issues I have identified will be examined in any event and the Registrar was right to refuse the waiver.

Solicitors:
Thomas & Co, Auckland for Applicant