New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Review of registrar's decision

  • 26 Jul 2021

    MARTHA-O-TE-WHĀNAU-HEREWINI NGAI-TAMA-HAUA of Opotiki v LAND INFORMATION NEW ZEALAND (The Chief Executive of Land Information New Zealand) [2021] NZHC 1898

    Citation
    [2021] NZHC 1898
    Court
    High Court

    The application for review was dismissed as out of time under r 2.11(4); notice of the Deputy Registrar's decision was validly given by email and post, no proper foundation for extending time under r 1.19 was established, and the Deputy Registrar correctly refused to file the November 2020 documents because they were substantively and formally non-compliant (including wrong parties and an unintelligible notice of appeal).

    • High court rules filing requirements
    • Review of registrar's decision
    • Time limits and extensions
    • Naming the crown in proceedings
    • Prerogative writs and common law arguments
    • Tenancy tribunal appeals

  • 29 May 2018

    DOUGLAS v SUTTER LIMITED [2018] NZCA 174

    Citation
    [2018] NZCA 174
    Court
    Court of Appeal

    Because the applicant supplied the requested documents showing he is a beneficiary of Work and Income NZ, he demonstrated inability to pay and the Registrar's refusal to waive the filing fee was set aside.

    • Waiver of filing fee
    • Special leave to appeal
    • Review of registrar's decision

  • 12 May 2015

    SIEMER v BROWN & ORS CA31/2015 [2015] NZCA 161

    Citation
    [2015] NZCA 161
    Court
    Court of Appeal

    The Registrar properly refused to accept the appellants' application for review because rule 7(2) permits review only of decisions made under s 61A(1) of the Judicature Act 1908 and the challenged decision was made under s 61A(3); accordingly the Registrar's decision is upheld and the appellants' remedy is to seek leave to appeal to the Supreme Court.

    • Review of registrar's decision
    • Jurisdiction under s61a(1) and s61a(3)
    • Filing requirements under court of appeal (civil) rules 2005 r7(2)
    • Leave to appeal to supreme court

  • 11 Feb 2014

    SIEMER V OFFICIAL ASSIGNEE CA863/2013 [2014] NZCA 9

    Citation
    [2014] NZCA 9
    Court
    Court of Appeal

    The Registrar correctly held there was no jurisdiction to accept the s 61A(1) application; the Court upholds that view, relying on the reasoning in Siemer v Official Assignee [2014] NZCA 3 and dismisses the review.

    • Security for costs
    • Registrar jurisdiction under s 61a(1)
    • Review of registrar's decision

  • 18 Oct 2013

    JEC NO 2 LTD & JEC NO3 LTD v THE OFFICIAL ASSIGNEE AT HAMILTON CA446/2013 [2013] NZCA 501

    Citation
    [2013] NZCA 501
    Court
    Court of Appeal

    The review was dismissed because the Court of Appeal lacked jurisdiction to entertain an appeal against a chambers decision made under High Court Rules r15.13 (review must be in the High Court under s26P(1) Judicature Act), and in any event no exceptional circumstances or public interest justified dispensing with security for costs; accordingly security of $5,880 was ordered.

    • Security for costs
    • Dispensation of security
    • Jurisdiction to appeal
    • Extension of time
    • Review of registrar's decision
    • Chambers jurisdiction

  • 28 Jun 2012

    NARESH v PUBLIC TRUST HC AK CIV 2012-404-644

    Citation
    openlaw-87d629bb_f067_4f16_9de2_0e2299f8b20d.pdf
    Court
    High Court

    The Registrar's decision to reject the documents was upheld because the statement of claim and accompanying documents failed to comply with mandatory High Court Rules by not pleading causes of action or relief with required particularity, lacking a proper notice of proceeding, failing to set out directions for service with supporting affidavit, and lacking appropriate fee arrangements, such deficiencies justified rejection rather than filing.

    • Section 51 trustee act 1956 (appointment of trustee)
    • High court rules compliance and filing requirements
    • Review of registrar's decision

  • 1 Jun 2011

    MOODIE V STRACHAN COA CA115/2011

    Citation
    COA CA115/2011
    Court
    Court of Appeal

    The review application is dismissed and the Registrar's decision fixing security at $5,560 is affirmed; the appellant must pay that security by the specified date because the Registrar's reduction to that amount stands and there is no basis to reduce it further to $2,370, while any increase was not sought by the other respondent.

    • Security for costs
    • Review of registrar's decision
    • Allocation between multiple respondents
    • Application of court of appeal (civil) rules 2005

  • 3 Dec 2010

    SIEMER V FARDELL CA CA450/2010

    Citation
    openlaw-a3a0f148_7220_4e47_930a_50113271e106.pdf
    Court
    Court of Appeal

    The application for review was dismissed because the appellant failed to establish she was unable to pay the security; the supporting affidavit and annexed tax return were insufficient and inconsistent with other material indicating significant overseas assets and potential income, and the Registrar's decision to require security of $5,560 was in accordance with r 35(6) and established authority.

    • Security for costs
    • Waiver of security
    • Access to justice
    • Review of registrar's decision

  • 5 Aug 2009

    EASTON V BROADCASTING COMMISSION AND ANOR SC 55/2009

    Citation
    SC 55/2009
    Court
    Supreme Court

    Leave to appeal was dismissed because the Court is satisfied the Court of Appeal Judge's review and variation of the Registrar's decision on security for costs was made in accordance with established legal principles and the criteria for leave to appeal were not met.

    • Security for costs
    • Leave to appeal
    • Review of registrar's decision