THE COMMISSIONER, NEW ZEALAND POLICE v ROBINSON [2018] NZHC 2597

THE COMMISSIONER, NEW ZEALAND POLICE v ROBINSON [2018] NZHC 2597 [4 October 2018]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2018-485-464[2018] NZHC 2597UNDER The Criminal Proceeds (Recovery) Act 2009IN THE MATTER OF an application under ss 49 and 52BETWEEN THE COMMISSIONER, NEW ZEALANDPOLICEApplicantOn the papersAND PETER JORDAN ROBINSONRespondentCounsel: G Burston for ApplicantP Surridge for RespondentJudgment: 4 October 2018JUDGMENT OF GRICE J(Request for access to court file)[1] An application has been received from Ms Murdoch on behalf of Stuff and theDominion Post, both media providers for access to the pleadings, evidence, minutes,court orders and decisions in relation to the above matter.[2] The matter relates to orders made for assets forfeiture under the CriminalProceeds (Recovery) Act 2009. The orders relate to various amounts of cash obtainedas a result of a criminal investigation.[3] Rule 8 of the Senior Courts (Access to Documents) Rules 2017 allows partiesto access the formal court record and any documents relating to the proceedings.Rule 12 sets out the matters to be considered when determining a request for access.These include the protection of confidentiality and privacy interests (including thoseof children and other vulnerable members of the community) and any privilege heldby, or available to, any person.1 Further factors include the freedom to seek, receiveand impart information and any other matter that the Judge thinks appropriate.2 Rule13 sets out the approach to be applied in balancing those matters.[4] Ms Murdoch seeks access on the basis that this type of proceeding is a matterof general public interest and importance and as an aid to accurate reporting.[5] Mr Surridge on behalf of Mr Robinson has indicated that he does not opposethe orders but would like the applicant to forward any intended article for review andcomment.[6] The Commissioner does not oppose the application but seeks the redaction orsuppression of information contained in an affidavit filed in the proceedings ofHelen Beck sworn on 4 July 2018. Those redactions are as follows:5.1 Information the Commissioner received from Inland Revenue set outat paragraph 3.10 and exhibit HB1.5.2 Information identifying the Customs investigator who providedinformation to Police as set out at paragraph 4.14.5.3 Information identifying the respondent's bank account number atparagraph 5.2.5.4 The names of third parties that feature in the Facebook pages set outin exhibit HB3.5.5 The names and bank account details of third parties who madedeposits into the respondent's bank account as set out in exhibit HB5.5.6 The names and bank account details of third parties who feature intable labelled "other expenditure" in exhibit HB6.[7] The Commissioner has provided an appropriately redacted affidavit.[8] In the circumstances, the redactions are justified to protect the confidentialityand privacy interests of other persons involved and also to protect the identification ofthe officers involved as well as commercially sensitive information including bank1 Rule 12(d).2 Rule 12(f) and (h).account numbers. In addition, the redaction of the information from the InlandRevenue is provided on a specific basis and is not able to be disclosed to third parties.[9] I consider that the redactions above are justified in circumstances noted.[10] Accordingly, I direct that the relevant court documents in these proceedings bemade available to the Dominion Post and Stuff (Ms Murdoch) for the purposes ofreporting. That includes pleadings, evidence, minutes, court orders and decisions inrelation to these proceedings on the condition that the unredacted affidavit ofHelen Beck sworn on 4 July 2018 is not to be accessed but the redacted affidavitprovided by the Commissioner in its memorandum of 25 September 2018 be provided.The information which has been redacted is suppressed.[11] I leave it to Ms Murdoch to liaise with Mr Surridge in connection withMr Robinson's request to view any intended article._________________Grice JSolicitors:Crown Law Office, Wellington for Respondent