SYNOD OF THE PRESBYTERIAN CHURCH OF OTAGO AND SOUTHLAND EX PARTE DEACONS’ COURTS [2020] NZHC 2615
The Court found the applicants have a proper interest in conducting the archival review, identified no privacy concerns that would bar inspection, and concluded leave should be granted to inspect the relevant Archives NZ documents without prior service on unspecified third parties.
Source-derived case information.
- Citation
- [2020] NZHC 2615
- Parties
- Applicant: Synod of the Presbyterian Church of Otago and Southland; Applicant: Otago Foundation Trust Board
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 6 October 2020
- Procedural Posture
- Application Under Senior Courts (access to Court Documents) Rules 2017 to Inspect Archival High Court Registers Relating to Deacons' Courts / Application for Leave to Inspect Court Records
- Outcome
- Leave granted to the applicants to inspect Archives NZ documents relating to Deacons' Courts of the Presbyterian Church in the Otago and Southland areas
- Legal Topics
- Deacons' Courts, Incorporation, Otago Foundation Trust Board Act 1992, Archives NZ
Source-derived case record
Summary, issues, holding and outcome
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Parties
Synod of the Presbyterian Church of Otago and Southland
Applicant
Otago Foundation Trust Board
Applicant
Procedural Posture
Application Under Senior Courts (access to Court Documents) Rules 2017 to Inspect Archival High Court Registers Relating to Deacons' Courts / Application for Leave to Inspect Court Records
Legal Issues
- 1 Whether applicants have a proper interest/standing to inspect historical High Court registers and related records
- 2 Whether leave of the Court is required to inspect records held by Archives NZ
- 3 Whether privacy or service on other parties is required before inspection
Ratio Decidendi
The Court found the applicants have a proper interest in conducting the archival review, identified no privacy concerns that would bar inspection, and concluded leave should be granted to inspect the relevant Archives NZ documents without prior service on unspecified third parties.
Court Disposition
Leave granted to the applicants to inspect Archives NZ documents relating to Deacons' Courts of the Presbyterian Church in the Otago and Southland areas
Orders
- Leave granted for the applicants to inspect documents held by Archives NZ relating to Deacons' Courts of the Presbyterian Church in the Otago and Southland areas
- No service of the application on other parties was required given the current uncertainty as to who would need to be served
Full Case Text
Judgment text and source record
1 paragraphs
SYNOD OF THE PRESBYTERIAN CHURCH OF OTAGO AND SOUTHLAND EX PARTEDEACONS' COURTS [2020] NZHC 2615 [6 OCTOBER 2020]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHEDAAC 21279, D349/305, DAAC 21280,D349/305, DAAC/D140, D256, D349,DAFG/9329/D369, DAAA/D2 and D339[2020] NZHC 2615UNDER the Senior Courts (Access to CourtDocuments Rules) 2017IN THE MATTER of Deacons' CourtsBETWEEN SYNOD OF THE PRESBYTERIANCHURCH OF OTAGO ANDSOUTHLAND, AND OTAGOFOUNDATION TRUST BOARDApplicantsCounsel: F B Barton for ApplicantsJudgment: 6 October 2020JUDGMENT OF ASSOCIATE JUDGE LESTERThis judgment was delivered by me on 6 October 2020 at 3.00pmpursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy Registrar6 October 2020[1] Mr Frazer Barton, as solicitor instructed for the Synod of the PresbyterianChurch of Otago and Southland, and the Otago Foundation Trust Board, has appliedfor leave of the Court to search records held by Archives NZ relating to Deacons'Courts of the Presbyterian Church.[2] Mr Barton advises he has visited Archives NZ and has located and read theHigh Court Register which dates from 1876 to 1908 covering the Deacons' Courtsincorporated at that time. He notes there are some 51 Churches in that list. He believesthere will be further Deacons' Courts incorporated after 1908 and up until perhaps thelast 40-50 years, meaning that leave of the Court is required to inspect those records.Mr Barton comments that he considers it is curious these records have beenincorporated into the High Court Registry, nonetheless that is the case.[3] Mr Barton explains a Deacons' Court is the governing and property-owningbody in a Presbyterian Church congregation. His clients wish to confirm the status ofthose property-owning bodies, and to regularise both the status of those bodies andany issues arising as a result of Mr Barton's inquiries. In short, it is the objective ofMr Barton's clients that the overall situation in Otago and Southland, in respect of theDeacon's Courts, be tidied up. As an example, Mr Barton notes many of the 51incorporated Deacons' Courts that existed as at 1908 concern congregations that nolonger exist and their property will have been disposed of. However, it is unlikelythere was a cancellation of the incorporation in the High Court Registry as requiredby ss 41-44 of the Otago Foundation Trust Board Act 1992.[4] I am satisfied Mr Barton's clients have a proper interest in carrying out theresearch and review identified by Mr Barton. As a Deacons' Court is akin to a trustee,I see no privacy issues arising from Mr Barton's request, nor the need to serve thisapplication on any party – indeed until Mr Barton's research is carried out, it wouldbe unclear who would need to be served.[5] Accordingly, leave is granted for the applicants to inspect the documents heldby Archives NZ relating to Deacons' Courts of the Presbyterian Church in the Otagoand Southland areas.__________________________________Associate Judge LesterSolicitors:Anderson Lloyd, Dunedin