ALAN IVO GREER V THE PRISON MANAGER AT RIMUTAKA PRISON HC WN CIV 2008-485-1603 [2009] NZHC 182 (20 February 2009)

IN THE HIGH COURT OF NEW ZEALAND
WELLINGTON REGISTRY
                                                                 CIV 2008-485-1603

              UNDER                      the Judicature Act 1908, Section 69 Trial at
                                         Bar

              IN THE MATTER OF           The Judicature Amendment Act 1972, The
                                         New Zealand
Bill of Rights Act 1990, The
                                         Crimes Act 1961, The Crown Proceedings
                   
                     Act 1950, the Declaratory Judgments Act
                                         1908, The International Covenant
on Civil
                                         and Political Rights, The Corrections Act
                                    
    2004, Corrections Regulations 2005, and
                                         other Institutional Legislation and Policies,
                                         and Common Law

              BETWEEN                    ALAN IVO GREER
               
                         Plaintiff

              AND                        THE PRISON MANAGER AT
                             
           RIMUTAKA PRISON
                                         First Respondent


Counsel:      A I Greer in Person
       
      V Casey and H McLachlan for Respondents

Judgment:     20 February 2009


             JUDGMENT AS TO COSTS OF RONALD YOUNG
J



[1]    On 10 December 2008 I heard Mr Greer's proceedings involving judicial
review and public law compensation arising from
decision made by prison
authorities relating to Mr Greer's laptop, access to a prison computer, a prison
management plan as well
as disputes about documentation. All of Mr Greer's claims
failed for reasons identified in my Judgment dated 18 December 2009. At
the final
paragraph of my Judgment I invited submissions on costs from the respondents
within fourteen days and Mr Greer's reply
within a further fourteen days.



ALAN IVO GREER V THE PRISON MANAGER AT RIMUTAKA PRISON HC WN CIV 2008-485-1603 20
February 2009

[2]     Counsel for the respondent filed their memorandum on 16 January 2009. The
date is well past for Mr Greer to file submission
in response. I record that the court
staff have rung prison authorities during February 2009 to remind Mr Greer of his
opportunity
to respond to submissions from the respondent on costs. Once again
Mr Greer has chosen not to respond.


[3]     There is no reason
why the respondent should not have costs on Mr Greer's
unsuccessful proceedings. The respondents seek an order for costs on the 2B
basis
plus disbursements for one counsel only, although I record two counsel appeared at
the hearing. I am satisfied the respondent
should have costs on a 2B basis plus
disbursements.      As the respondent's identified the application was wholly
unsuccessful.
It involved litigation against seven respondents, including a number of
individual prison officers and the Inspector of Prisons.
In addition there were a large
number of interlocutory applications the respondents were faced with responding to.


[4]     Accordingly,
I approve costs on a 2B basis plus disbursements as identified
in the Schedule to the respondents' submission.




             
                                            __________________________
                                                         
             Ronald Young J

Solicitors:
Crown Law Office, PO Box 2858, Wellington, email: [e-mail]
A I
Greer, Rimutaka Prison, Private Bag 47901, Trentham, Upper Hutt