Genge v Chief Executive of the Department of Corrections [2023] NZCA 186 (23 May 2023)

Last Updated: 29 May 2023

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA530/2022 [2023] NZCA 186

	BETWEEN	RICHARD GENGE Applicant
	AND	CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS First Respondent
	AND	ATTORNEY-GENERAL Second Respondent

Counsel:	Applicant in person W S Taffs for First Respondent
Judgment: (On the papers)	23 May 2023 at 11.00 am

JUDGMENT OF MILLER J
(Review of Registrar’s Decision)

The application for review is declined. Security of $7,060 must be paid by 16 June 2023.
____________________________________________________________________

REASONS

[1] Mr Genge has applied for review of a Registrar’s decision to decline to waive security for costs.

[2] Mr Genge is impecunious. He has not sought legal aid to pay for counsel.^[1]

[3] The claim concerns his prison security classification and its consequences for him. It is a claim of a kind that would justify waiver, had it any merit.

[4] The Registrar found the appeal lacks merit. I agree. The evidence before the High Court was that security classification is not automated and does not turn on a prisoner’s RoC*RoI score.^[2] That is confirmed by Mr Genge’s own classification history.^[3] Further, Mr Genge’s low-medium classification does not preclude access to rehabilitation services.^[4] Justice Nation observed that most of this evidence was uncontested.^[5]

[5] The application for review is declined. Security of $7,060 must be paid by 16 June 2023.





Solicitors:
Crown Solicitor’s Office, Christchurch for Respondent

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^[1] Reekie v Attorney-General [2014] NZSC 63, [2014] 1 NZLR 737 at [36].

^[2] Genge v Chief Executive, Department of Corrections [2022] NZHC 2508, at [48]–[50].

^[3] At [11]–[22].

^[4] At [87]–[94].

^[5] At [88].