Bruce King's Security for Costs - King v ASB Bank Ltd - CA708/2015

New Zealand rightly prides ourselves on our fair and open justice system.

How would you feel if large corporations were able to deprive New Zealanders of their basic human rights in our courts and without the court even recording the reason for the decision?

It's happened to me already and now I am asking for your help to fight it.

After a brief hearing in the proceeding ASB Bank Ltd v King CIV-2015-40402077, the Associate Judge orally declared me bankrupt.

I waited for the written transcript giving the reasons so I could appeal, but it never came. Then the Court Registrar told me there is no written record of the judgment.

This is very strange because the High Court is a 'court of record' according to its own rules given in section 3(1) of the Judicature Act 1908.

It goes against the basic foundation of justice: that "justice must not only be done, it must be seen to be done".

The decision is of huge practical importance to me because for the past 12 years I have run my own company doing solar water heating consulting, installation and technology. If I am bankrupt, I lose the basic human right to make a living doing that.

Similar could happen to others if we don't win this fight.

There is another important issue as well, which is why I need to raise the $6600.

The good news is that in New Zealand law we are supposed to have an automatic right of appeal against court decisions, subject only to basic restrictions. Many other countries don't have this.

Would it bother you though if banks or other large corporations could effectively block New Zealanders' automatic right of appeal by demanding an upfront 'security payment' from someone who they have arguably already crippled financially and who doesn't have the money to pay?

That is my situation now.

Again, this may well happen to others if we don't make it clear this is not OK.

In December 2015, I filed an appeal with the Court of Appeal, King v ASB Bank Ltd - CA708/2015, against the off-the-record bankruptcy decision.

On the request of the bank, the Court of Appeal is requiring a $6600 security payment from me before I can bring my appeal against the off-the-record bankruptcy decision.

I don't have the money to pay that and have started this project page to raise the money.

If and when this project is successful in raising the $6600 then I will promptly submit that as security payment to the Court of Appeal.

What happens after that is at the discretion of the Court of Appeal.

In the potential scenario that everything works out and I win the appeal then the Court of Appeal judges could, at their discretion, decide to return the $6600 to me.

My current intent for that speculative outcome would be to reinvest that money in again pursuing the different and separate court proceedings that I initially filed against the bank on 5 February 2013 and as recorded in the 7 February 2013 judgment in my favour King v ASB Bank Ltd [2013] NZHC 84.

My current bankruptcy status prevents me from further pursuing those separate proceedings. Overturning that restriction provides a still further motivation for raising the $6600.

Yet again, winning this fight could make it more difficult for corporations to use the bankruptcy laws as a way of blocking court proceedings taken against them by New Zealanders.

Please help me to continue fighting this battle. It might also help set a precedent to enhance the basic rights of other New Zealanders who may have been mistreated by large corporations.

Thank you,

Bruce King.