THE INK PATCH MONEY TRANSFER LIMITED & ORS v THE RESERVE BANK OF NEW ZEALAND & ANOR [2022] NZHC 840

THE INK PATCH MONEY TRANSFER LIMITED & ORS v THE RESERVE BANK OF NEW ZEALAND & ANOR [2022] NZHC 840

The application for access was granted in part because the principle of open justice favours disclosure of pleadings and administrative minutes before the substantive hearing, subject to redaction of material relating to the discontinued third applicant and conditions protecting fair and accurate reporting (specifically a prohibition on publicising written submissions until they have been delivered in open court and publications must reflect any qualifications or amendments).

Citation
[2022] NZHC 840
Parties
First Applicant: THE INK PATCH MONEY TRANSFER LIMITED; Second Applicant: SAMOA MONEY TRANSFER LIMITED; Third Applicant: SAMOA FINANCE MONEY TRANSFER LIMITED; Fourth Applicant: KLICKEX PACIFIC LIMITED; First Respondent: THE RESERVE BANK OF NEW ZEALAND; Second Respondent: THE MINISTER OF FINANCE
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 April 2022
Procedural Posture
Judicial Review / Pre Substantive (media Access Application)
Outcome
Application granted in part
Legal Topics
Access to Court Documents, Open Justice, Redaction, Confidentiality, Media Reporting, Judicial Review of Regulatory Decisions
Judicial Review Administrative Law Media and Open Justice Regulatory Law Privacy and Confidentiality Access to Court Documents Open Justice Redaction +3 more

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Parties

THE INK PATCH MONEY TRANSFER LIMITED

First Applicant

SAMOA MONEY TRANSFER LIMITED

Second Applicant

SAMOA FINANCE MONEY TRANSFER LIMITED

Third Applicant

KLICKEX PACIFIC LIMITED

Fourth Applicant

THE RESERVE BANK OF NEW ZEALAND

First Respondent

THE MINISTER OF FINANCE

Second Respondent

Procedural Posture

Judicial Review / Pre Substantive (media Access Application)

Legal Issues

  1. 1 Whether a member of the media may access pleadings and other court documents under the Senior Courts (Access to Court Documents) Rules 2017
  2. 2 How to balance the principle of open justice against confidentiality, privacy and commercial sensitivity before the substantive hearing
  3. 3 Whether parts of documents relating to a discontinued party should be redacted

Ratio Decidendi

The application for access was granted in part because the principle of open justice favours disclosure of pleadings and administrative minutes before the substantive hearing, subject to redaction of material relating to the discontinued third applicant and conditions protecting fair and accurate reporting (specifically a prohibition on publicising written submissions until they have been delivered in open court and publications must reflect any qualifications or amendments).

Court Disposition

Application granted in part

Orders

  • Access granted to the statement of claim and statement of defence subject to redaction of parts relating to the discontinued third applicant
  • Access granted to written opening and closing submissions on condition that their contents are not publicised until after they have been delivered in open court and any publication reflects qualifications or amendments ultimately made in court