Vaisevuraki v Police [2021] NZHC 2672 (6 October 2021)

Last Updated: 17 October 2022

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2021-485-000010 [2021] NZHC 2672

UNDER	the Judicial Review Procedure Act 2016 and Part 30 and Part 2.5 of the High Court Rules 2016
IN THE MATTER	of an application for judicial review
BETWEEN	SAMUEL VAISEVURAKI Applicant
AND	THE NEW ZEALAND POLICE First Respondent
	DISTRICT COURT AT AUCKLAND Second Respondent
	THE ATTORNEY-GENERAL OF NEW ZEALAND Third Respondent
	THE MINISTER OF JUSTICE Fourth Respondent
	THE MINISTER OF CORRECTIONS Fifth Respondent
	HON RAWIRI WAITITI Sixth Respondent
	CRIMINAL CASE REVIEW COMMISSIONER Seventh Respondent

Hearing:	On the papers
Appearances:	S Vaisevuraki Self-represented Applicant
Judgment:	6 October 2021

VAISEVURAKI v THE NEW ZEALAND POLICE [2021] NZHC 2672 [6 October 2021]

JUDGMENT OF MALLON J

• [1] The applicant filed a statement of claim dated 8 January 2021 accompanied by numerous other documents. It was referred to Edwards J in her capacity as Duty Judge under r 5.35A of the High Court Rules.

• [2] In her minute dated 11 February 2021, the Judge referred to the wide-ranging complaints, mostly relating to charges that were to be tried in the District Court at the beginning of this year.¹ The Judge also considered that the decision or exercise of power that was intended to be the subject of the judicial review was not apparent. Her Honour concluded:²

[5] Rather than striking the application out as an abuse of process at this stage, I consider Mr Vaisevuraki should be afforded an opportunity to re-plead his claim – assuming he chooses to pursue it. His claim should clearly identify the particular decision or exercise of power being challenged in the judicial review proceeding. The current documents are not to be released for service in the meantime.

• [3] This minute was provided to the applicant via Corrections on 11 February 2021. No amended claim or further correspondence was received by the applicant. On 25 June 2021 the Deputy Registrar wrote to the applicant outlining the background and advising him as follows:

Please note that if no further pleadings are filed by Friday 30 July 2021, this application will be referred for dismissal due to lack of steps.

• [4] Nothing further has been heard from the applicant. It would appear that the applicant does not intend to pursue his proceeding. In any case, it has not been amended despite the opportunity the Judge provided to the applicant. In its present state it remains an abuse of process. The proceeding is struck out under r 5.35B of the High Court Rules. The applicant has a right to appeal this decision.

Mallon J

¹ It is understood he is shortly to be sentenced on these charges.

2. Vaisevuraki v New Zealand Police & Ors HC Wellington CIV-2021-485-000010, 11 February 2021.