New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Search of court records

  • 29 Sept 2008

    TVWORKS NZ LTD AND ANOR V PARSONS AND ORS HC TAU CIV 2008-470-544

    Citation
    openlaw-94a8ad6f_4dcd_422d_b143_a8b41980e6cc.pdf
    Court
    High Court

    The District Court judge erred in law by overvaluing prior media coverage and by giving undue weight to speculative concerns about unbalanced presentation; on a fresh balancing of interests the public interest in open justice and scrutiny of police conduct outweighs the officers' reputational interests, and leave under R2(5) must be granted to copy the CCTV footage and all trial photographs.

    • Search of court records
    • Open justice
    • Access to exhibits
    • Balancing public interest and individual reputation
    • Broadcasting and publication restrictions

  • 4 Aug 2005

    MAFART AND PRIEUR V TELEVISION NEW ZEALAND LIMITED CA CA92/05

    Citation
    openlaw-4cc835dc_5696_40d1_90d8_b19b662aa90c.pdf
    Court
    Court of Appeal

    Decisions by a High Court judge under the Criminal Proceedings (Search of Court Records) Rules 1974 to grant or refuse leave to search and copy criminal court records are either administrative or orders in or relating to criminal proceedings and are not appealable to the Court of Appeal under s 66 of the Judicature Act 1908; no alternative statutory right of appeal exists, therefore the Court of Appeal lacks jurisdiction and the appeal must be dismissed.

    • Search of court records
    • Court of appeal jurisdiction
    • Criminal proceedings (search of court records) rules 1974
    • Appealability of interlocutory orders
    • Open justice
    • Privacy