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Kia ora,

 

Thank you for emailing the Ministry of Justice.

 

We acknowledge receipt of your request regarding abandoned Court of Appeal
cases.

 

This has been forwarded onto the relevant business unit to respond to.

 

You can expect a response by 21/03/2022.

 

Ngā mihi,

 

   

Ministerial Relations and Services

Strategy, Governance and Finance
DDI: +64 4 918 8800

[1]www.justice.govt.nz

 

 

-----Original Message-----
From: K Roe <[FOI #18615 email]>
Sent: Monday, 21 February 2022 10:53 am
To: [Ministry of Justice request email]
Subject: Official Information request - Forced Abandonment in Court of
Appeal

 

Dear Ministry of Justice,

 

I have filed with the Court of Appeal for the following cases to be heard,
on appeal:

 

- Roe v University of Waikato

 

(refused to enrol me in the programme I applied to, enrolled me in
programmes I never applied to, refused to get my work to externals to
prevent and prohibit timely completion of my qualification, sending my
work out to be examined for the wrong qualification etc)

 

- Roe v University of Auckland

 

(refused to calculate my GPA with the published selection algorithm,
refused to accept evidence of qualification completion (evidence being the
fact I submitted my thesis for external examination, the reports of the
external examiners, the published regulations, the fact I made the
substantive changes that were required by the examiners  within the 10
week deadline and presented that to the university so they could get it
back to the externals in time for timely sign off on qualification
completion) etc.

 

- Roe v New Zealand Vice Chancellor's Committee

 

(refused to follow their published policy and procedure documents on how
they will handle complaints about New Zealand Universities).

 

- Roe v University of Otago

 

(collects disability information prior to selection.  does not consider
disability reason or grounds for inclusion.  that is to say collects up
disability information for purpose or reason of discriminating against
otherwise qualified candidates, only.  refuses to supply applications to
enrol.  refuses to progress applications to enrol (throws away
applications to enrol for either arbitrary or discriminatory reasons). 
refuses to allow candidates to be selected on the basis of the merits of
their application by removing applications from the applicant pool prior
to the meeting of the medical admissions committee to, effectively,
prevent and prohibit the selection of at least some of the candidates).

 

The Court of Appeal stated that they did not see any of these as matters
of public interest.  This was upheld by the Supreme Court.  The Court of
Appeal has accepted evidence that my primary source of income is Supported
LIving Payment (it was on this grounds that they approved my application
for waiver of filing fee (on all but one occassion) for the cases to be
heard).  The Court of Appeal requested that I pay more than $7,000
security for costs for EACH CASE (where appealing the costs judgment in
addition to the main judgment of the High Court involved (on one occasion)
a separate lot of security such that more than $14,0000 is required by the
Court of Appeal to hear Roe v University of Waikato.  They said the
request for security was warranted because they do not accept that being
in receipt of SLP is evidence of 'financial impecunosity' and they see no
merits or public interest aspect in any of the above cases.  These
findings were upheld by the Supreme Court such that more than

  $20,000 is being demanded by the Court of Appeal (Judgments upheld by
the Supreme Court and additional costs imposed because I thought the
finding of the Court of Appeal was unjust such that I sought review of it
in the Supreme Court).

 

I have filed everything else.  I have served the respondents.  I have done
everything that is required for the cases to be filed with the Court of
Appeal (I have even filed an application of waiver of fees to set down a
hearing and filed the application for setting down a hearing).  Everything
has been filed...  But the Court of Appeal deems all of the above cases to
have been abandoned,  by me, because they did not recieve payment, from
me, of more than $20,000.

 

I am also expected to pay various costs involved in having the cases heard
in the High Court.  The High Court judges chose not to uphold my requests
for interlocutory summary judgment (e.g., an order that the University
supply applications to enrol to any candidate who wanted one.  E.g., an
order that the University get my substantively updated thesis out to
externals with a note to say when I had supplied it to the University and
with the sign off forms such that the external examiners could decide for
themselves whether or not they wanted to sign off that I had made the
changes they required of me within the 10 weeks as they had asked me to). 
The High Court Judges refused to deliver summary judgments that could have
resulted in timely resolution of at least part of the matter / problem. 
They chose not to.  They chose to award costs against me, instead.

 

____

 

I want to know how many cases have been deemed abandoned  by the court of
appeal in 2021 and 2022.

 

I want to know if it is just me that the Court of Appeal is refusing to
process / progress or if the Court of Appeal...  Well.. 

 

I am wondering if NZ actually has a judiciary.

 

I understand that England withdrew offering the Highest Level Court of
Appeal.

 

I understand that Australia does not honor it's constitution by refusing
to regard NZ as a State so as to withhold federal funding from NZ
hospitals and schools etc...  To withhold the Federal Court as a point of
appeal...

 

But NZ does not seem to have a functioning judiciary.

 

Yours faithfully,

 

K Roe

 

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Kia ora,

 

Please see attached response y=to your OIA request.

 

Ngā mihi,

Media Team

Communications Services
Ministry of Justice | Tāhū o te Ture

P +64 4 918 8836

[1][email address] | [2]justice.govt.nz

 

 

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