GENET v THE ATTORNEY-GENERAL & ORS [2014] NZHC 1606

GENET v THE ATTORNEY-GENERAL & ORS [2014] NZHC 1606

Leave to file the proposed proceedings was declined because the proposed statement of claim was vexatious and non-compliant with High Court Rules, did not identify proper defendants as required by statute, failed to particularise alleged reviewable decisions and relied on inappropriate criminal allegations, and sought relief for which no legal basis was shown; statutory remedies under the Social Security Act were available and the Court refused to permit misuse of its processes.

Citation
[2014] NZHC 1606
Parties
Plaintiff/applicant: Martine Mary Frances Genet; Proposed Defendant: Attorney-General; Proposed Defendant: Prime Minister (office and personally); Proposed Defendant: Minister of Social Development (office and personally); Proposed Defendant: Chief Executive, Ministry of Social Development; Proposed Defendant: Ministry of Social Development Head Office and Otara office staff
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2014
Procedural Posture
Civil (application for Leave to File Proceedings) / Application for Leave to Issue Proceedings; Leave Declined
Outcome
Application for leave to file proceedings declined
Legal Topics
Leave to Commence Proceedings, Vexatious Litigation, High Court Rules Non Compliance, Statutory Review and Appeal Under Social Security Act, Proper Party Under Crown Proceedings Act, Availability of Declaratory and Monetary Relief, Allegation of Criminal Offence in Civil Pleadings
Civil Procedure Administrative Law Social Security Law Crown Proceedings Criminal Law (referenced) Leave to Commence Proceedings Vexatious Litigation High Court Rules Non Compliance +4 more

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Parties

Martine Mary Frances Genet

Plaintiff/applicant

Attorney-General

Proposed Defendant

Prime Minister (office and personally)

Proposed Defendant

Minister of Social Development (office and personally)

Proposed Defendant

Chief Executive, Ministry of Social Development

Proposed Defendant

Ministry of Social Development Head Office and Otara office staff

Proposed Defendant

Procedural Posture

Civil (application for Leave to File Proceedings) / Application for Leave to Issue Proceedings; Leave Declined

Legal Issues

  1. 1 Whether leave should be granted to file the proposed proceedings
  2. 2 Whether the proposed proceedings are vexatious or frivolous
  3. 3 Whether the pleading complies with High Court Rules

Ratio Decidendi

Leave to file the proposed proceedings was declined because the proposed statement of claim was vexatious and non-compliant with High Court Rules, did not identify proper defendants as required by statute, failed to particularise alleged reviewable decisions and relied on inappropriate criminal allegations, and sought relief for which no legal basis was shown; statutory remedies under the Social Security Act were available and the Court refused to permit misuse of its processes.

Court Disposition

Application for leave to file proceedings declined

Orders

  • Application for leave to file proceedings is declined
  • Proposed statement of claim is not accepted for filing