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Helpful access-to-court-records case
By Steven | March 25, 2008
This judgment from Harrison J is a useful addition to journalists’ armoury in their ongoing battle for access to court files.
The Sunday News wanted to see the file on Matthew Ridge’s leaky home litigation. The Registrar refused, saying that the paper needed to show “an interest [in the case] greater than that of the public at large'” (This phrase was taken from an earlier case. Alas, the cases are rather contradictory).
Harrison J said this was the wrong question. As the Court of Appeal found in McCully v Whangamata Marine Society [2007] 1 NZLR 185, the issue is whether the media has a “genuine and proper interest” [the actual phrasing of the test is “genuine or proper interest”], but the threshold is not high. The Court of Appeal said Registrars should ask whether the application for access is “frivolous or vexatious or merely prurient”.
Harrison granted access. The paper had written about leaky homes, leaky homes are a matter of public interest, and the Bill of Rights supported access. The paper didn’t need to show some special interest in the particular case.
An interesting footnote: the judge added the condition that
any article published in relation to the proceeding gives appropriate and balanced prominence to the nature of the claim and the nature of the defences.
I’m not aware of other judges adding conditions like this relating to substantive reporting. I’m not sure this is the sort of condition that’s contemplated by the rules. I’m also not sure how it would be enforced, though it would be a contempt of court not to comply. I wonder if judges will start making a habit of this…
Topics: Court records, General | Comments Off on Helpful access-to-court-records case