IN THE Court of appeal OF new Zealand

I TE KŌTI PĪRA O AOTEAROA	
 CA534/2021
 [2021] NZCA 506

	
BETWEEN	
RAEWYN WALLACE
Applicant	
	
AND	
ATTORNEY-GENERAL
Respondent	

Counsel:	
G E Minchin for Applicant	

Judgment:
(On the papers)	
4 October 2021 at 10.00 am	

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

The application for review of the Registrar’s decision to refuse a fee waiver is declined.
____________________________________________________________________

REASONS

[1]	I accept that this appeal and cross-appeal raise questions of law that merit determination.  They are:  the finding that there was not a rights-compliant investigation; the finding that the Solicitor-General gave inadequate reasons for declining to prosecute in the circumstances; whether the applicant was obliged to prove Constable Abbott did not act in self-defence; and whether a claim for damages for a breach of the Bill of Rights Act 1990 is time-barred.
[2]	However, contrary to Mr Minchin’s submissions, the proceeding has been brought to vindicate a private interest, not a public one, and it is clear that it will proceed with or without a fee waiver.  That being so, the issues I have identified will be examined in any event and the Registrar was right to refuse the waiver.

Solicitors: 
Thomas & Co, Auckland for Applicant