RE SALMONS EX PARTE KELLY [2020] NZHC 2933
Under cl 7(1) the Judge exercised discretion to allow limited access without requiring tracing of the former wife because certified copies of the marriage certificate and the final Decree Absolute were sufficient to establish proof of divorce for the Letters of Administration application and therefore constituted...
Source-derived case information.
- Citation
- [2020] NZHC 2933
- Parties
- Applicant: Michael Kelly; Respondent: Paula Anne Salmons; Respondent: Grant Richard Salmons
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 6 November 2020
- Procedural Posture
- Divorce / Application for Access to Divorce File; Determined on the Papers
- Outcome
- Limited access granted
- Legal Topics
- Access to Court Files, Divorce Records, Probate Evidence, Letters of Administration
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kelly
Applicant
Paula Anne Salmons
Respondent
Grant Richard Salmons
Respondent
Procedural Posture
Divorce / Application for Access to Divorce File; Determined on the Papers
Legal Issues
- 1 Whether to permit access to a divorce court file under the Senior Courts (Access to Court Documents) Rules 2017 cl 7(1)
- 2 Whether tracing the former spouse is required before granting access
- 3 What scope of documents may be released to support a Letters of Administration application
Ratio Decidendi
Under cl 7(1) the Judge exercised discretion to allow limited access without requiring tracing of the former wife because certified copies of the marriage certificate and the final Decree Absolute were sufficient to establish proof of divorce for the Letters of Administration application and therefore constituted good reason for limited disclosure.
Court Disposition
Limited access granted
Orders
- Registrar to forward copies of the Marriage Certificate and the final Decree Absolute of Divorce to Mr Michael Kelly (Generations Law)
- If further documents are required, Mr Kelly may renew his request to the Registrar identifying the particular documents required and why
Full Case Text
Judgment text and source record
1 paragraphs
RE SALMONS EX PARTE KELLY [2020] NZHC 2933 [6 November 2020]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHENo. D. 24/81 In Divorce[2020] NZHC 2933BETWEEN MICHAEL KELLYApplicantAND PAULA ANNE SALMONS and GRANTRICHARD SALMONSHearing: (Determined on the papers)Judgment: 6 November 2020JUDGMENT OF ASSOCIATE JUDGE LESTERThis judgment was delivered by me on 6 November 2020 at 2.30 pmpursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy Registrar6 November 2020[1] Mr Michael Kelly, solicitor of Generations Law in Brisbane, Australia, has onbehalf of his client, Rebecca Salmons, requested access to a 1981 divorce file relatingto her late father, Grant Richard Salmons.[2] Mr Kelly explains that his client intends to apply to the QueenslandSupreme Court for Letters of Administration in respect of her father's estate. For thatapplication, Ms Salmons requires proof of her father's divorce from PaulaAnne Salmons (nee Arps).[3] Mr Kelly has identified the Archives New Zealand file. The file and the searchrequest have been referred to me.[4] Access to court files is governed by the Senior Courts (Access to CourtDocuments) Rules 2017 (the Rules). Under cl 7(1), a person may not access a courtfile in relation to divorce matters unless a Judge is satisfied that there is good reasonfor permitting access.[5] Mr Kelly has no information regarding the former wife of the late GrantRichard Salmons. Normally, I would require some steps to be taken to traceMs Salmons (nee Arps) if the application had been for general access to the file.However, as I apprehend that a copy of the Marriage Certificate of the late Mr Salmonsand Ms Arps, together with a copy of the final Decree Absolute of Divorce, will besufficient for Mr Kelly to advance the application on behalf of his client, I request theRegistrar to forward copies of those documents only to Mr Kelly. I note Mr Kelly'srequest was to access only documents relevant to his client's application. If furtherdocuments are required, he may renew his request to the Registrar identifying theparticular documents he requires in that regard and why.__________________________________Associate Judge LesterGenerations Law