Beban (nee Widdowson)

[2022] NZHC 1276

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

M1/1945

[2022] NZHC 1276

UNDER

Part 3 of the High Court Rules

IN THE MATTER OF

BY

an application to access Court records

Deborah Beban (nee Widdowson)

Applicant

On the papers:
Appearance:	Applicant in person
Judgment:	1 June 2022

JUDGMENT OF CHURCHMAN J

[1]                 Deborah Beban (nee Widdowson) has applied to access records relating to a Deed Poll executed by her late father, Morris George Widdowson, on 3 November 1944.

[2]                 Archives New Zealand, to whom the applicant directed her initial inquiries advised her that she needed to obtain the permission from the Palmerston North High Court for release of the information.

[3]                 Requests for access to Court documents are covered by the Senior Courts (Access to Court Documents) Rules 2011 (the Rules). Rule 11 entitles a person to seek access to a Court document by way of written request that identifies the person, sets out the particulars of the documents so as to enable the Registry to identify it, gives reasons for asking for access to the document which must set out the purpose for which access is sought, and any conditions of the right of access that the person proposes as conditions he or she would be prepared to meet.

DEBORAH BEBAN (NEE WIDDOWSON) [2022] NZHC 1276 (1 June 2022)

[4]                 Rule 12 sets out eight matters that the Court is required to consider. These matters are similar to the list of relevant matters found in the former r 3.16 of the High Court Rules that was revoked as from 1 September 2017 by r 19(2) of the Rules.

[5]                 The factors relevant to a request for release of documentation include the need for the balancing of rights of confidentiality and privacy, with an entitlement to access Court records where there is a genuine need for that.1

[6]                 The information provided by the applicant evidences a legitimate interest in the Deed Poll as it relates to the applicant’s father.

[7]                 No issues of privacy arise with the applicant’s father having died in March 1956.

[8]                 The purpose for which access to the documents is required, namely genealogy, is an appropriate one. There is no need to impose any conditions on the right of access.

Outcome

[9]                 Accordingly, the application for access to the Deed Poll and a related affidavit of George Conrad Peterson dated 24 January 1945 is granted.

Churchman J

1      See Re Livingstone v Livingstone and Martin v Martin [2015] NZHC 2575.