CLEMENTS v AUCKLAND COUNCIL [2018] NZCA 372
The Registrar's decision to refuse electronic filing was correct under r 31(1) Court of Appeal (Civil) Rules 2005; the application to review that decision is declined and the appellant must file a hard copy notice of appeal and apply for an extension of time to appeal.
Source-derived case information.
- Citation
- [2018] NZCA 372
- Parties
- Applicant: Miriam Clements; First Respondent: Auckland Council; Second Respondent: Councillor Richard Hills; Third Respondent: Councillor Chris Darby; Fourth Respondent: Councillor Linda Cooper; Fifth Respondent: Councillor Ross Clow; Sixth Respondent: Councillor Alf Filipaina; Seventh Respondent: Deputy Mayor Bill Cashmore
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 17 September 2018
- Procedural Posture
- Appeal (court of Appeal) / Review of Registrar's Decision Regarding Electronic Filing
- Outcome
- Application for review of the Registrar's decision declined.
- Legal Topics
- Mode of Bringing Appeal, Filing Requirements, Registrar Discretion, Extension of Time
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miriam Clements
Applicant
Auckland Council
First Respondent
Councillor Richard Hills
Second Respondent
Councillor Chris Darby
Third Respondent
Councillor Linda Cooper
Fourth Respondent
Councillor Ross Clow
Fifth Respondent
Councillor Alf Filipaina
Sixth Respondent
Deputy Mayor Bill Cashmore
Seventh Respondent
Procedural Posture
Appeal (court of Appeal) / Review of Registrar's Decision Regarding Electronic Filing
Legal Issues
- 1 Whether the Registrar erred in refusing to accept an electronically filed notice of appeal
- 2 Whether an exemption from hard copy filing could be granted because the appellant could not afford courier costs
- 3 Whether the appellant must apply for an extension of time to file the appeal
Ratio Decidendi
The Registrar's decision to refuse electronic filing was correct under r 31(1) Court of Appeal (Civil) Rules 2005; the application to review that decision is declined and the appellant must file a hard copy notice of appeal and apply for an extension of time to appeal.
Court Disposition
Application for review of the Registrar's decision declined.
Orders
- The application for review of the Registrar's decision is declined.
- If the applicant wishes to pursue the appeal she must file a hard copy notice of appeal in accordance with r 31(1) and apply for an extension of time to appeal.
Full Case Text
Judgment text and source record
1 paragraphs
CLEMENTS v AUCKLAND COUNCIL [2018] NZCA 372 [17 September 2018]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA N/A[2018] NZCA 372BETWEEN MIRIAM CLEMENTSApplicantAND AUCKLAND COUNCILFirst RespondentAND COUNCILLOR RICHARD HILLSSecond RespondentAND COUNCILLOR CHRIS DARBYThird RespondentAND COUNCILLOR LINDA COOPERFourth RespondentAND COUNCILLOR ROSS CLOWFifth RespondentAND COUNCILLOR ALF FILIPAINASixth RespondentAND DEPUTY MAYOR BILL CASHMORESeventh RespondentJudgment:(On the papers)17 September 2018 at 3 pmJUDGMENT OF GILBERT JThe application for review of the Registrar's decision is declined.____________________________________________________________________REASONS[1] Miriam Clements wishes to appeal against a judgment of Wylie J delivered inthe High Court at Auckland on 15 August 2018.1[2] On 12 September 2018, Ms Clements sent by email to this Court a notice ofappeal against that judgment and several other judgments given in the sameHigh Court proceedings. The Registrar advised Ms Clements by email on13 September 2018 that the notice of appeal must be filed in hard copy form.The Registrar also advised Ms Clements of other issues with the document but theseare no longer material because of what happened next.[3] Instead of complying with that direction, Ms Clements sent an amended noticeof appeal, again by email. She requested an exemption from the requirement toprovide a hard copy of the document stating she does not currently have the money topay for a courier. Ms Clements later sent by email a further document seeking interimorders.[4] In view of Ms Clements' failure to comply with the Registrar's advice that hardcopy documents are required, the Registrar advised Ms Clements that her further emailwould be treated as an application to review the decision not to accept the documentselectronically for filing. The file has accordingly been referred to me for that purpose.[5] The application for review of the Registrar's decision must be declined.Rule 31(1) of the Court of Appeal (Civil) Rules 2005 reads:31 Mode of bringing appeal(1) An appeal is brought only when—(a) the appellant files the notice of appeal in the Registry—(i) by delivering it by hand to the Registry; or(ii) by sending it by mail to a postal address published bythe Registrar; and1 Clements v Auckland Council [2018] NZHC 2084.(b) a copy of the notice of appeal is served on every person whois a party to the proceeding in the court appealed from.[6] Accordingly, if Ms Clements wishes to pursue her appeal, she will need tocomply with this rule, including by arranging hand delivery or by posting the noticeof appeal in hard copy form to the Court.[7] The time for appeal from the judgment of Wylie J delivered on 15 August 2018expired 20 working days after that date. That was on 12 September 2018.Ms Clements will therefore need to apply for an extension of time to appeal.Result[8] The application for review of the Registrar's decision is declined.