New Zealand Case Law: Decisions & Judgments

Topic

Public interest criterion

Legal area

Court

12 Dec 2023

VINCENT ROSS SIEMER v ATTORNEY-GENERAL [2023] NZSC 165

Citation

[2023] NZSC 165
Court

Supreme Court

The Registrar was correct to refuse the fee waiver because the applicant was not shown to be wholly dependent on New Zealand superannuation (he is not in receipt of it, receives a larger overseas pension and did not prove it is his sole means of support) and he failed to demonstrate the proceeding is unlikely to be commenced or continued unless the fee is waived due to insufficient persuasive financial information.
6 May 2015

BANKS v PORTS OF AUCKLAND LIMITED [2015] NZHC 944

Citation

[2015] NZHC 944
Court

High Court

Because the applicant explicitly confirmed on the prescribed form that she would commence or continue the proceeding even if the fee waiver was refused, the Registrar could not be satisfied of the r 18(2)(b)(ii) requirement and therefore correctly declined to waive the fee; r 18 requires both the public interest and the 'unlikely to proceed without waiver' elements to be satisfied.
12 Dec 2012

HENRY V THE ATTORNEY-GENERAL HC AK

Citation

openlaw-b4b4db92_7d36_4f1d_9888_f3d00e320cac.pdf
Court

High Court

The application for fee waiver is declined because, although the proceeding is unlikely to proceed without a waiver, it does not raise a question of law of significant public interest; the statutory regime makes the Ministry liable for the Agency's obligations and the dispute centers on construction and enforcement of the specific Deed, a matter of private interest to the plaintiff rather than a matter of substantial public interest.

New Zealand Case Law

VINCENT ROSS SIEMER v ATTORNEY-GENERAL [2023] NZSC 165

BANKS v PORTS OF AUCKLAND LIMITED [2015] NZHC 944

HENRY V THE ATTORNEY-GENERAL HC AK