CANTERBURY REGIONAL COUNCIL V THE ATTORNEY-GENERAL OF NEW ZEALAND HC WN CIV 2008-485-2652
Because the application was essentially to intervene and was not integral to the underlying declaratory proceedings, and because the public interest was not shown to be sufficiently engaged, the Registrar did not err in refusing to waive the filing fee; the Registrar's decision is confirmed.
Source-derived case information.
- Citation
- openlaw-78025f65_a431_40c1_a566_0ab69c283a5d.pdf
- Parties
- Applicant: Canterbury Regional Council; Respondent: The Attorney-General of New Zealand; Applicant (seeking Joinder/reviewer): James Robert Reid
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 February 2009
- Procedural Posture
- Declaratory Proceedings / Review of Registrar's Decision (ruling)
- Outcome
- Registrar's decision confirmed; application for waiver of filing fee dismissed
- Legal Topics
- Fee Waiver, Intervention, Declaratory Relief, Standing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canterbury Regional Council
Applicant
The Attorney-General of New Zealand
Respondent
James Robert Reid
Applicant (seeking Joinder/reviewer)
Procedural Posture
Declaratory Proceedings / Review of Registrar's Decision (ruling)
Legal Issues
- 1 Whether the Registrar's decision to refuse waiver of the filing fee should be reviewed and set aside
- 2 Whether an applicant to be joined as an intervenor can obtain waiver of the filing fee on public interest grounds
- 3 Whether the proposed participation is integral to the continuation of the underlying declaratory proceedings
Ratio Decidendi
Because the application was essentially to intervene and was not integral to the underlying declaratory proceedings, and because the public interest was not shown to be sufficiently engaged, the Registrar did not err in refusing to waive the filing fee; the Registrar's decision is confirmed.
Court Disposition
Registrar's decision confirmed; application for waiver of filing fee dismissed
Orders
- Registrar's decision confirmed
- Application for waiver of filing fee dismissed
Full Case Text
Judgment text and source record
1 paragraphs
CANTERBURY REGIONAL COUNCIL V THE ATTORNEY-GENERAL OF NEW ZEALAND HC WN CIV 2008-485-2652 16 February 2009IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2008-485-2652UNDER the Declaratory Judgments Act 1908 IN THE MATTER OF an application by James Robert Reid BETWEEN CANTERBURY REGIONAL COUNCIL Applicant AND THE ATTORNEY-GENERAL OF NEW ZEALAND Respondent Hearing: On Papers Ruling: 16 February 2009RULING OF SIMON FRANCE J (Review of Registrar's decision not to waive filing fee)[1] Mr Reid applies to review the Registrar's decision to not waive a filing fee. The proceeding in issue is an application by Mr Reid to be joined as a second respondent to declaratory proceedings that have been instituted by the Canterbury Regional Council. [2] The original proceedings seek clarification of the power of Regional Councils to appoint councillors to hear submissions on plans and policy statements. Mr Reid wishes to be joined because he considers he can bring independent expertise to the matter, and can represent the broader public interest. Mr Reid has firm views on the propriety of Councils appointing such people, and considers his viewpoint will assist matters. It is the public interest aspect that he submits means the filing fee for his application should be waived.[3] Mr Reid's application is essentially to become an intervenor. It is not integral to the continuation of the underlying proceedings. Whether or not his participation will assist, there is no reason to think the public interest is sufficiently engaged to necessitate the waiving of the standard fee. [4] The Registrar's decision is confirmed. _______________________ Simon France JSolicitors: J R Reid, 2 Vogel Street, Woodville, email: jrreid@xtra.co.nz