MAU WHENUA INCORPORATED v WAYNE THOMAS MULLIGAN [2021] NZHC 141

MAU WHENUA INCORPORATED v WAYNE THOMAS MULLIGAN [2021] NZHC 141

Where proceedings have been discontinued before a substantive hearing the public interest in open justice carries less weight and confidentiality and privacy interests predominate; a non-party with no legitimate interest will not be granted access to pleadings under the Senior Courts (Access to Court Documents)...

Source-derived case information.

Citation
[2021] NZHC 141
Parties
First Plaintiff: Mau Whenua Incorporated; Second Plaintiff: Whareahuru Gilbert; Second Plaintiff: Martha Hineone Gilbert; Third Plaintiff: Karen Marama Paratamabel Uru Tanirau; Third Plaintiff: Rogan Rawiri Hohape Tanirau; First Defendant: Wayne Thomas Mulligan; First Defendant: John Frederick Coffey; First Defendant: Holden Hohaiatoa Woodbine Pomare; First Defendant: Mahina Haber-Puketapukim Skelton; First Defendant: Paora Jenkins-Mepham; First Defendant: Huia Puketapu; Third Defendant: Shelly Bay Investments Limited; Fourth Defendant: Shelly Bay Taikuru Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 February 2021
Procedural Posture
Civil Proceedings (trusts/treaty of Waitangi Related) / Application for Access to Court Documents Under Senior Courts (access to Court Documents) Rules 2017; Proceedings Discontinued by Notice of Discontinuance
Outcome
Application declined
Legal Topics
Open Justice Vs Confidentiality, Discontinuance and Effect on Access Rights, Rules 12 and 13 Senior Courts (access to Court Documents) Rules 2017, Standing to Seek Court Documents, Access to Pleadings
Civil Procedure Access to Court Documents Open Justice Trusts and Equitable Remedies Public Law (treaty of Waitangi Context) Open Justice Vs Confidentiality Discontinuance and Effect on Access Rights Rules 12 and 13 Senior Courts (access to Court Documents) Rules 2017 +2 more

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Parties

Mau Whenua Incorporated

First Plaintiff

Whareahuru Gilbert

Second Plaintiff

Martha Hineone Gilbert

Second Plaintiff

Karen Marama Paratamabel Uru Tanirau

Third Plaintiff

Rogan Rawiri Hohape Tanirau

Third Plaintiff

Wayne Thomas Mulligan

First Defendant

John Frederick Coffey

First Defendant

Holden Hohaiatoa Woodbine Pomare

First Defendant

Mahina Haber-Puketapukim Skelton

First Defendant

Paora Jenkins-Mepham

First Defendant

Huia Puketapu

First Defendant

Shelly Bay Investments Limited

Third Defendant

Shelly Bay Taikuru Limited

Fourth Defendant

Procedural Posture

Civil Proceedings (trusts/treaty of Waitangi Related) / Application for Access to Court Documents Under Senior Courts (access to Court Documents) Rules 2017; Proceedings Discontinued by Notice of Discontinuance

Legal Issues

  1. 1 Whether a non-party may obtain access to pleadings after plaintiffs discontinue proceedings
  2. 2 Weight to be given to open justice prior to a substantive hearing
  3. 3 Whether applicant had a legitimate interest or standing to seek documents

Ratio Decidendi

Where proceedings have been discontinued before a substantive hearing the public interest in open justice carries less weight and confidentiality and privacy interests predominate; a non-party with no legitimate interest will not be granted access to pleadings under the Senior Courts (Access to Court Documents) Rules 2017.

Court Disposition

Application declined

Orders

  • Proceedings concluded by notice of discontinuance (subject to any costs application by defendants)
  • Application for access to statement of claim and related pleadings under the Senior Courts (Access to Court Documents) Rules 2017 declined