D v FAMILY COURT AT MANUKAU [2023] NZHC 1853

D v FAMILY COURT AT MANUKAU [2023] NZHC 1853

Because the decision refusing access to the transcript was interlocutory and the applicant failed to show any arguable error of law or fact or any sufficient basis for appeal, leave to appeal was properly refused under s56(3) Senior Courts Act and r20.22 High Court Rules.

Citation
[2023] NZHC 1853
Parties
Applicant: D; First Respondent: Family Court at Manukau; Second Respondent: N
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 July 2023
Procedural Posture
Judicial Review; Application for Access to Transcript and Leave to Appeal / Application for Leave to Appeal to the Court of Appeal Against Interlocutory Decision Refusing Access to Transcripts
Outcome
Application for leave to appeal dismissed.
Legal Topics
Access to Court Transcripts, Interlocutory Appeals, Leave to Appeal, Publication Suppression
Judicial Review Family Law Civil Procedure Access to Court Transcripts Interlocutory Appeals Leave to Appeal Publication Suppression

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Parties

D

Applicant

Family Court at Manukau

First Respondent

N

Second Respondent

Procedural Posture

Judicial Review; Application for Access to Transcript and Leave to Appeal / Application for Leave to Appeal to the Court of Appeal Against Interlocutory Decision Refusing Access to Transcripts

Legal Issues

  1. 1 Whether High Court rule 20.22 and Senior Courts Act s56(3) applied to permit leave to appeal from an interlocutory decision
  2. 2 Whether the refusal to provide audio or transcript was unlawful or breached NZBORA rights
  3. 3 Whether the applicant demonstrated an arguable error of law or fact warranting leave to appeal

Ratio Decidendi

Because the decision refusing access to the transcript was interlocutory and the applicant failed to show any arguable error of law or fact or any sufficient basis for appeal, leave to appeal was properly refused under s56(3) Senior Courts Act and r20.22 High Court Rules.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.
  • Order prohibiting publication of names or identifying particulars of the applicant and second respondent in accordance with ss 11B, 11C and 11D of the Family Court Act 1980.