Re BANICEVIC EX PARTE CUDDON [2021] NZHC 1419

Re BANICEVIC EX PARTE CUDDON [2021] NZHC 1419 [16 June 2021]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHENo. D 312/1981[2021] NZHC 1419RE ANGELA BANICEVIC of the New SouthWales Trustee and Guardian, AustraliaApplicantEX PARTE ANTHONY ERIC CUDDON and JANMARIE CUDDONNo. D 410/1970RE ANGELA BANICEVIC of the New SouthWales Trustee and Guardian, AustraliaApplicantEX PARTE SUZANNE EVE CUDDON andANTHONY ERIC CUDDONHearing: (Determined on the Papers)Judgment: 16 June 2021JUDGMENT OF ASSOCIATE JUDGE LESTERThis judgment was delivered by me on 16 June 2021 at 12 pmpursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy Registrar16 June 2021[1] The applicant, Ms Angela Banicevic of the New South Wales Trustee andGuardian, Australia (NSW Trustee & Guardian) has sought information relating to thelate Anthony Eric Cuddon who died in New South Wales, Australia. The NSW Trustee& Guardian are administering the estate.[2] Ms Banicevic explains that information is sought to confirm who might havean entitlement in respect of the late Mr Cuddon's estate.[3] The applicant seeks the following information from both files:(a) The date and place of marriage and a copy of the marriage certificate(if possible);(b) the decree absolute documents; and(c) information about whether there were children of either marriage anddetails of the same;[4] Access to court files is governed by the Senior Courts (Access to CourtDocuments) Rules 2017 (the Rules). Under r 7(1) of the Rules a person may not accessa court file in relation to divorce matters unless a judge is satisfied there is good reasonfor permitting access. Both the files to which access is sought in this application aredivorce files.[5] That said, the applicant does not seek access to the evidence filed in theproceedings. The NSW Trustee & Guardian is a state government agency. A copy ofan order granting letters of administration to the NSW Trustee & Guardian has beenprovided. I am satisfied that the applicant has a proper reason for seeking to accessinformation on the files.[6] There is a marriage certificate on each file. Marriage certificates are publiclyaccessible documents in New Zealand. Accordingly, there is no confidentiality issuein making the marriage certificates on each file available to the applicant.[7] Nor do I consider there to be privacy issues in relation to the decrees absolute.One marriage certificate records the previous decree.[8] As to information about the presence of children, on file D 312/1981 there isreference to Anthony and Jan Cuddon having only one child who is named as CarlyLouise Cuddon, born 16 June 1974.[9] The papers in D 410/1970 disclose that there were no children of that marriage.[10] Accordingly, I am satisfied it is appropriate that copies of the marriagecertificates and of the decree absolute documents be provided to the applicant.[11] Given the applicant does not wish to have access to other material on the fileand only information about whether there were children of either marriage, I trust thedetail provided in this judgment is sufficient. However, if a copy of the materialreferring to the child's identity is required, then such may be requested.__________________________________Associate Judge Lester