Platinum Lounge

Welcome to the more advanced area with access to all lower court and High Court and Court of Appeal information- taking your knowledge of litigation to the next level.

What You Need To Know

Realistically this is what you can expect:

The Lower courts will generally make “loose” decisions because realistically they are rarely appealed and if a decision is not appealed (or Judicially Reviewed) it must stand “for better or worse.”

This is why having the capacity to appeal and demonstrating to the court that you can appeal unlawful and “wrong” decisions [legally flawed] is essential to “encourage” more just and fair decisions. Remember: You do not need to be a lawyer or have a lawyer to have human rights. [They exist as a birth right.]

You do not need to be legally represented to be successful in court. BUT it does help and the court will not openly support a “lay persons case” over “the crown” who’s role is to safe guard the governments money and reputation.

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CONGRATULATIONS ON A GREAT INVESTMENT IN YOURSELF, YOUR MENTAL HEALTH AND YOUR ADVOCACY FOR YOUR RIGHTS TO ACCESS INFORMATION AND SELF REPRESENT CONFIDENTLY AND COMPETENTLY IN THE HIGHER COURTS!

Benefits of legal representation mean security costs are automatically waived. Without this, you will need to file and apply for fee waivers including, for High Court

Fee waiver for filing $560
Fee waiver for additional applications $200-$220
Fee waiver for hearing: (a 5 day hearing is scheduled to cost $16,400)
Any security costs directed by the court (usually in the vicinity of $5080-$7060)

Expect delays- expect opposition to refuse service, delay and deny service and deploy delay tactics such as “strike out applications” which will take precedent over their response time for a notice of response/ defense.

NOTE: TAKE SOME TIME FAMILIARIZING YOURSELF WITH RELEVANT LEGISLATION TO KNOW YOUR RIGHTS TO AVOID BEING MISLEAD (by registry staff, solicitors and at times the judges) AND MISREPRESENTED (by your legal counsel.)

To remind the court of the objective of the High Court: High Court Rules 2016

1.2 Objective

“The objective of these rules is to secure the just, speedy, and inexpensive determination of any proceeding or interlocutory application.”

To Review a registrars decision to elicit a judgement [that you can then appeal at COA ] *Court Of Appeal:

2.11Review of Registrar’s decision

(1) An affected party to a proceeding or an intended proceeding may apply to a Judge by interlocutory application for a review of any of the following:

(a) a Registrar’s exercise of jurisdiction:

(b) a Registrar’s refusal to file a document tendered for filing:

(c) a Registrar’s refusal to perform a duty placed on him or her under these rules.

(2) The Judge may, on review, make any orders he or she thinks just.

(3) It is not necessary to apply for an order for an extraordinary remedy under Part 30 or to make an application for review under the Judicial Review Procedure Act 2016 when seeking a review under subclause (1)(b) or (c).

(4) Notice of an application for review must be filed,—

(a) if it is made by a party who was present or represented when the decision or refusal of the Registrar was given, within 5 working days of the decision or refusal; or

(b) if it is made by a party who was not present or represented, within 5 working days after the receipt by the party of notice of the decision or refusal.

(5) An application for review under this rule is not a stay of proceeding or a step in the proceeding, unless a Judge, or a Registrar acting under rule 2.5, so directs.

MAKE SURE YOU HAVE THE COVER PAGE AND TEMPLATE FOR THE MEMORANDUM TO CHALLENGE ANY REGISTRARS DECISION- THEY ARE NOT JUDGES AND YOU HAVE A RIGHT TO CHALLENGE THEIR DECISIONS IN ALL COURTS!

https://www.legislation.govt.nz/regulation/public/2016/0225/latest/DLM6953087.html

Remember the “inherent jurisdiction of the court” r20.19 Nothing limits the power of the court UNDER APPEAL- to make whatever directions justice requires:

https://www.legislation.govt.nz/regulation/public/2016/0225/latest/DLM6952471.html

Or for Judicial review: Rely on the Judicial Review Procedures Act 2016

[THIS IS ESSENTIAL FOR ANY CRIMINAL DECISION INCLUDING PRIVATE PROSECUTION MATTERS] s16 refers to the relief the court may offer:

https://www.legislation.govt.nz/act/public/2016/0050/latest/whole.html#DLM6942147

FOR COURT OF APPEAL:

The same process applies:

Notice of appeal (always referencing and including the decision under appeal and the LEGAL grounds of the appeal)
fee waiver (or payment of) $1100
application for a hearing (fee waiver or payment of) $2700
Security costs waiver of $7060 (or larger)

FOR THE REVIEW OF A REGISTRARS DECISION CITE:

Court Of Appeal Rules 2005, R5a(3)

(3) A Judge may—

(a) review the Registrar’s exercise of any power, on an informal application made by a person affected within 20 working days after the date of the Registrar’s decision;

https://www.legislation.govt.nz/regulation/public/2005/0069/latest/LMS164299.html

FOR THE INHERENT JURISDICTION OF THE COURT OF APPEAL TO MAKE DECISIONS JUSTICE REQUIRES CITE Court Of Appeal Rules 2005: S48 https://www.legislation.govt.nz/regulation/public/2005/0069/latest/DLM320340.html