D v FAMILY COURT AT MANUKAU [2023] NZHC 1467

D v FAMILY COURT AT MANUKAU [2023] NZHC 1467

The application was dismissed because no written transcript existed and the Rules do not require the Court or Registrar to create one; access to the audio would require judicial permission and supervised listening that would impose unreasonable resource burdens, and the applicant did not establish sufficient grounds to override those constraints.

Citation
[2023] NZHC 1467
Parties
Applicant: D; First Respondent: Family Court at Manukau; Second Respondent: N
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 June 2023
Procedural Posture
Judicial Review / Judgment (application for Access to Court Documents)
Outcome
Application dismissed
Legal Topics
Transcripts, Audio Recordings, Publication Restrictions, Judicial Bias
Family Law Judicial Review Civil Procedure Access to Court Documents Transcripts Audio Recordings Publication Restrictions Judicial Bias

Case Brief

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Parties

D

Applicant

Family Court at Manukau

First Respondent

N

Second Respondent

Procedural Posture

Judicial Review / Judgment (application for Access to Court Documents)

Legal Issues

  1. 1 Whether the applicant is entitled to access an audio recording of the hearing
  2. 2 Whether the Court should direct the National Transcription Service to produce a transcript
  3. 3 Whether Court staff must be made available to supervise listening to the audio and whether that justifies allocation of court resources

Ratio Decidendi

The application was dismissed because no written transcript existed and the Rules do not require the Court or Registrar to create one; access to the audio would require judicial permission and supervised listening that would impose unreasonable resource burdens, and the applicant did not establish sufficient grounds to override those constraints.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order directing the National Transcription Service to produce a transcript or allocating time for supervised listening to the audio recording