JACKSON v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2022] NZHC 1059
As a party to the habeas corpus proceeding and being self-represented, the applicant is entitled under the Senior Courts (Access to Court Documents) Rules 2017 to inspect the electronic court file and to obtain copies of the documents contained therein; because the hearing was by teleconference and not recorded, no...
Source-derived case information.
- Citation
- [2022] NZHC 1059
- Parties
- Applicant: Peter Donald Jackson; Respondent: Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 May 2022
- Procedural Posture
- Application Under Senior Courts (access to Documents) Rules 2017 Concerning Prior Habeas Corpus Proceeding / Judgment on Access Application (order to Disclose Court File Documents)
- Outcome
- Application granted in part; access to court file and copies ordered; no audio/transcript available
- Legal Topics
- Access to Court Records, Senior Courts (access to Documents) Rules 2017, Habeas Corpus, Self Representation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Donald Jackson
Applicant
Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Application Under Senior Courts (access to Documents) Rules 2017 Concerning Prior Habeas Corpus Proceeding / Judgment on Access Application (order to Disclose Court File Documents)
Legal Issues
- 1 Whether the applicant, as a party and self-represented litigant, is entitled to inspect and copy the court file under the Rules
- 2 Whether audio recordings or transcripts exist for a teleconference hearing
- 3 Scope of documents to be disclosed from the electronic court file
Ratio Decidendi
As a party to the habeas corpus proceeding and being self-represented, the applicant is entitled under the Senior Courts (Access to Court Documents) Rules 2017 to inspect the electronic court file and to obtain copies of the documents contained therein; because the hearing was by teleconference and not recorded, no audio file or transcript exists.
Court Disposition
Application granted in part; access to court file and copies ordered; no audio/transcript available
Orders
- Applicant is entitled to inspect and receive copies of the electronic court file relating to his October 2021 habeas corpus application
- Registrar (or appropriate officer) is directed to make available and provide copies to the applicant of the documents in the electronic file
Full Case Text
Judgment text and source record
1 paragraphs
JACKSON v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2022] NZHC 1059 [16 May2022]IN THE HIGH COURT OF NEW ZEALANDWHANGANUI REGISTRYI TE KŌTI MATUA O AOTEAROAWHANGANUI ROHECIV-2021-483-35[2022] NZHC 1059BETWEEN PETER DONALD JACKSONApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentOn the papers:Counsel: P D Jackson in personJudgment: 16 May 2022JUDGMENT OF CHURCHMAN JIntroduction[1] Peter Jackson has made an application pursuant to the Senior Courts (Accessto Documents) Rules 2017 (the rules) for access to Court documents.[2] Mr Jackson is a prisoner at Rimutaka Prison, currently serving a sentence inrespect of three charges relating to the possession and cultivation of cannabis, forwhich he was found guilty following a jury trial in the Whanganui District Court. Hewas remanded in custody on 24 September 2021 pending sentence scheduled for15 November 2021.[3] Following being found guilty, Mr Jackson applied for a writ of habeas corpus.He represented himself at hearing and argued that he was being held without consentor jurisdiction and was a "quick man" whose body belongs to the creator. Mr Jacksonasserted that he was not a person as defined by the Interpretation Act 1999. Thisapplication was heard by Edwards J who was satisfied that Mr Jackson was lawfullydetained.1[4] Edwards J held that the laws of New Zealand do apply to Mr Jackson, and thatit is plain that Mr Jackson is a "person".[5] Mr Jackson, now applies to the Court, requesting:All [information] including, but not limited to, transcript & audio filesrelating to writ habeas corpus hearing on the 21st day of October 2021in the High Court at Wellington.[6] As well as:Original application, case notes, judgment, hearing transcript, audiofile of hearing, and all other documents directly related to October2021 application and hearing.[7] Mr Jackson wants to look at these documents for his personal record and toinvestigate the potential of an appeal, and/or judicial review proceedings.[8] As the hearing was held by teleconference, it was not recorded. There aretherefore no audio files or transcript.The law[9] Rule 8(1) provides that every person has the right to access the formal Courtrecord relating to a civil proceeding.[10] Rule 9(1) provides that parties to a civil proceeding and the parties' lawyersmay, under the supervision of the Registrar or a person appointed by the Registrar,search and inspect the court file or any document relating to the proceeding, withoutpaying a fee. They may also make copies of any part of the Court file relating to theproceeding, on paying the prescribed fee (if any).2 This right may be exercised at anytime.31 Jackson v Chief Executive of the Department of Corrections [2021] NZHC 2836.2 Senior Courts (Access to Court Documents) Rules 2017, r 9(1)(b).3 Senior Courts (Access to Court Documents) Rules 2017, r 9(2).Result[11] As a party to the proceeding in question, and as he represented himself,Mr Jackson has a right pursuant to the rules to access and inspect the Court file relativeto his application for habeas corpus. The electronic file contains:(a) Mr Jackson's application;(b) a Notice of Opposition;(c) a Warrant to Detain Mr Jackson;(d) the respondent's submissions;(e) Edwards J's judgment on habeas corpus; and(f) information relating to the charges faced by Mr Jackson.[12] Mr Jackson is entitled to copies of this documentation and I direct that theymay be made available to him.Churchman JSolicitors:Crown Solicitor, Wellingtoncc P D Jackson, Whanganui