Charlton v Chief Executive of the Ministry of Social Development [2006] NZCA 345 (11 December 2006)

Court of Appeal of New Zealand

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Charlton v Chief Executive of the Ministry of Social Development [2006] NZCA 345 (11 December 2006)

Last Updated: 20 December 2006

IN THE COURT OF APPEAL OF NEW ZEALAND

CA9/06

BETWEEN PHILIP CHARLTON
Applicant

AND CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT
Respondent

Counsel: T McGurk for Applicant

Judgment: 28 March 2006

(On the papers)

JUDGMENT OF CHAMBERS J

The decision of the deputy registrar dated 7 February 2006 is confirmed.

REASONS

[1]	Philip Charlton has applied for a review of the deputy registrar’s decision refusing to waive the filing fee on his application for special leave to appeal to this court. The registrar was not satisfied that the proceeding raised a question of law of significant interest to the public or to a substantial section of the public: see Court of Appeal Fees Regulations 2001, reg 5.
[2]	I am satisfied that the registrar’s decision was correct. Mr Charlton has been unsuccessful in his arguments before the Chief Executive of the Ministry of Social Development, the Benefits’ Review Committee, the Social Security Appeal Authority, and the High Court. The High Court declined leave to appeal to this court on several grounds, including that the proposed questions were not questions of law. Although the questions have been tweaked for the purposes of the outstanding application for special leave to appeal to this court, the basic arguments remain the same.
[3]	Mr Charlton has now had a number of bites at the cherry. If he wants to try to obtain what will effectively be a fourth appeal, he will have to pay the filing fee. I am not convinced that the matters he wishes to raise are of significant interest to a substantial section of the public. If the Combined Beneficiaries Union Inc is of a different view, as Ms Capel avers, then it may be able to assist Mr Charlton in the payment of the fee.
[4]	The view I have expressed as to public interest will in no way affect, let alone bind, the court which will determine the application for special leave on 19 June. Indeed, that court will not know of this decision. If that court grants leave to pursue the appeal, then Mr Charlton may apply afresh for waiver of the fees that would otherwise be payble on filing the notice of appeal and setting down for hearing.

Solicitors:
Otene & Ellis, Onehunga, Auckland, for Applicant