RE HARTNOLL [2021] NZHC 1758

RE HARTNOLL [2021] NZHC 1758 [13 July 2021]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHEDivorce No 418[2021] NZHC 1758APPLICATION BY RUSSELL HARTNOLL (for access to courtfile in Divorce No 418PlaintiffOn the papersJudgment: 13 July 2021JUDGMENT OF MALLON JIntroduction[1] Mr Hartnoll has requested access to a divorce case file from 1942, in which hisgreat-grandparents separated. This is for the purpose of family history researchregarding the name of one of the children of his great-grandmother. He has identifiedthe Archives New Zealand file and, pursuant to the Court's processes, the file andsearch request have been referred to me.The law[2] The Senior Courts (Access to Court Documents) Rules 2017 provide for accessto court documents. A person may apply under r 11 of the Rules to access a documenton a court file. A Judge may grant the request with or without conditions, havingconsidered:1(a) the nature of the request;(b) the reasons given for the request; and1 Rule 12.(c) each of the matters set out in r 12 that are relevant to the request or anyobjection to the request.[3] The matters for consideration under r 12 are:(a) the orderly and fair administration of justice;(b) the right of a defendant in a criminal proceeding to a fair trial;(c) the right to bring and defend civil proceedings without the disclosureof any more information about the private lives of individuals, ormatters that are commercially sensitive, than is necessary to satisfy theprinciple of open justice;(d) the protection of other confidentiality and privacy interests (includingthose of children and other vulnerable members of the community) andany privilege held by, or available to, any person;(e) the principle of open justice (including the encouragement of fair andaccurate reporting of, and comment on, court hearings and decisions);(f) the freedom to seek, receive, and impart information;(g) whether a document to which the request relates is subject to anyrestriction under rule 7; and(h) any other matter that the Judge thinks appropriate.[4] This file is subject to a restriction under r 7, which provides:7 Restriction on access in proceedings under certain enactments(1) A person may not access a document, a court file, or any judgment ororder that relates to a proceeding brought under the enactments listedin subclause (2) unless—(a) the Judge is satisfied that there is good reason for permittingaccess; or(b) the person is a party to that proceeding.(2) The enactments are—(h) Family Proceedings Act 1980(u) any former provisions corresponding to current provisions ofany of the Acts mentioned in this subclause.[5] Therefore, a person may not access a court file in relation to divorce mattersunless a Judge is satisfied that there is good reason for permitting access.2Analysis[6] The purpose given for accessing the file is to discover the name of the adoptedchild (born around 1923) of the applicant's great-grandmother. I have read the file andthere is no mention of this adopted child. Only her issue from the relationship inquestion were set out, namely four children born between 1901 and 1908. One ofthese children died soon after birth, leaving the other three. The applicant refers tothese three children as being listed on his great-grandmother's death certificate as aliveat the time.Result[7] As the purpose for which the file is sought cannot be met by accessing the file,I decline this application.Mallon J2 Kelly v Salmons [2020] NZHC 2933 at [4].