DEBORAH BEBAN (NEE WIDDOWSON) [2022] NZHC 1276 ()
The applicant demonstrated a legitimate interest in the Deed Poll, the subject was deceased (died 1956) so privacy concerns did not preclude disclosure, the stated purpose (genealogy) was appropriate, and no conditions were necessary; therefore access to the Deed Poll and the related affidavit must be granted under...
Source-derived case information.
- Citation
- [2022] NZHC 1276
- Parties
- Applicant: Deborah Beban (nee Widdowson); Respondent: Archives New Zealand
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 1 June 2022
- Procedural Posture
- Application for Access to Court Records Under Senior Courts (access to Court Documents) Rules 2011 / Judgment on Papers (decision)
- Outcome
- Application granted
- Legal Topics
- Access to Court Documents, Genealogy Requests, Balancing Privacy and Public Access, Deed Poll Records
Source-derived case record
Summary, issues, holding and outcome
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Parties
Deborah Beban (nee Widdowson)
Applicant
Archives New Zealand
Respondent
Procedural Posture
Application for Access to Court Records Under Senior Courts (access to Court Documents) Rules 2011 / Judgment on Papers (decision)
Legal Issues
- 1 Whether the applicant is entitled to access a Deed Poll dated 3 November 1944 and a related affidavit dated 24 January 1945
- 2 Application and application of Senior Courts (Access to Court Documents) Rules 2011, in particular r11 and r12
- 3 Whether privacy or confidentiality interests outweigh the applicant's legitimate interest in the documents
Ratio Decidendi
The applicant demonstrated a legitimate interest in the Deed Poll, the subject was deceased (died 1956) so privacy concerns did not preclude disclosure, the stated purpose (genealogy) was appropriate, and no conditions were necessary; therefore access to the Deed Poll and the related affidavit must be granted under the Rules.
Court Disposition
Application granted
Orders
- Applicant granted access to the Deed Poll dated 3 November 1944 executed by Morris George Widdowson and to the affidavit of George Conrad Peterson dated 24 January 1945.
Full Case Text
Judgment text and source record
1 paragraphs
DEBORAH BEBAN (NEE WIDDOWSON) [2022] NZHC 1276 (1 June 2022)IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHEM1/1945[2022] NZHC 1276UNDER Part 3 of the High Court RulesIN THE MATTER OFBYan application to access Court recordsDeborah Beban (nee Widdowson)ApplicantOn the papers:Appearance: Applicant in personJudgment: 1 June 2022JUDGMENT OF CHURCHMAN J[1] Deborah Beban (nee Widdowson) has applied to access records relating to aDeed Poll executed by her late father, Morris George Widdowson, on 3 November1944.[2] Archives New Zealand, to whom the applicant directed her initial inquiriesadvised her that she needed to obtain the permission from the Palmerston North HighCourt for release of the information.[3] Requests for access to Court documents are covered by the Senior Courts(Access to Court Documents) Rules 2011 (the Rules). Rule 11 entitles a person toseek access to a Court document by way of written request that identifies the person,sets out the particulars of the documents so as to enable the Registry to identify it,gives reasons for asking for access to the document which must set out the purpose forwhich access is sought, and any conditions of the right of access that the personproposes as conditions he or she would be prepared to meet.[4] Rule 12 sets out eight matters that the Court is required to consider. Thesematters are similar to the list of relevant matters found in the former r 3.16 of the HighCourt Rules that was revoked as from 1 September 2017 by r 19(2) of the Rules.[5] The factors relevant to a request for release of documentation include the needfor the balancing of rights of confidentiality and privacy, with an entitlement to accessCourt records where there is a genuine need for that.1[6] The information provided by the applicant evidences a legitimate interest inthe Deed Poll as it relates to the applicant's father.[7] No issues of privacy arise with the applicant's father having died in March1956.[8] The purpose for which access to the documents is required, namely genealogy,is an appropriate one. There is no need to impose any conditions on the right of access.Outcome[9] Accordingly, the application for access to the Deed Poll and a related affidavitof George Conrad Peterson dated 24 January 1945 is granted.Churchman J1 See Re Livingstone v Livingstone and Martin v Martin [2015] NZHC 2575.