[1] The applicant seeks extension under r 43(2)(a) of the Court of Appeal (Civil) Rules 2005 until 31 August 2009 of the time for filing the case on appeal.
[2] The application for judicial review seeks to challenge security classifications made against the applicant, a serving prisoner, over a number of years. They are alleged to have been made unlawfully so as to result in excessive detention in maximum security. It further challenges the making of a psychopathy report which is alleged to have occurred without the applicant’s informed consent.
[3] The High Court judgment dismissing the application was delivered on 9 July 2008 and a notice of appeal was filed within time on 1 September 2008.
[4] The extension was sought owing to delay in resolving whether the applicant would be granted legal aid for the appeal. We were told that a decision has recently been made granting aid.
[5] Mr Curran resisted the application on the grounds that the issues are now moot and will not place a real controversy before the Court and in any event a Court would be unlikely to grant relief. He further submitted that the claim in respect of the psychological testing should be treated as statute barred by analogy with the provisions of the Limitation Act 1950.
[6] We are not persuaded that the appeal is necessarily so lacking in merit as to warrant the exercise of discretion against the applicant. We grant an extension of time for filing the case on appeal to 31 August 2009 but the grounds of appeal are confined to those contained in the notice of appeal.
[7] There will be no order as to costs.

Solicitors:
Nat Dunning Law, Wellington for Applicant
Crown Law Office, Wellington for Respondent

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