Estate of Hann

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

D2888/1939

[2024] NZHC 1306

UNDER the Senior Courts (Access to Court Documents) Rules 2017

IN THE MATTER

of Estate William John Hann

AND IN THE MATTER

of an application by Public Trust for access to the Court file in Dick v Dick (D2888/1939)

Hearing: On the papers

Judgment:

23 May 2024

JUDGMENT OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

RE: ESTATE W J HANN [2024] NZHC 1306 [23 MAY 2024]

Introduction

[1] William John Hann died intestate on 24 May 2022. The Public Trust has been appointed as the administrator in Mr Hann’s estate.

[2] Mr Richard Hocking, a trustee on behalf of the Public Trust initially corresponded with the Registrar of this Court seeking a copy of the marriage certificate in relation to the marriage of Mr Hann’s mother, Doris Mabel Hann and David John Graham Dick.

[3] That request was made as Mr Hocking sought to establish the closest next of kin who is to benefit from Mr Hann’s estate in accordance with the laws of intestacy. The Public Trust have engaged a genealogist to assist in tracing Mr Hann’s family connections.

[4] The Registrar provided the marriage certificate. Mr Hocking now seeks access to a 1939 file dealing with the dissolution of Mr Hann’s mothers’ marriage to Mr Dick. In particular Mr Hocking seeks access to any documentation within the file that confirms the names, dates of birth of any person related to Mr Hann, and in particular children of the relationship between Doris Hann and David Dick.

[5] Mr Hocking’s request to access the file was made informally. I will treat it as a formal application under the Senior Courts (Access to Court Documents) Rules 2017.

Legal principles

[6] Any application to access Court documents is governed by the Senior Courts (Access to Court Documents) Rules 2017 (the Rules). Under rr 8(1) and (2), every person has a general right to access the “formal Court record” relating to a civil proceeding. As a non-party to the proceedings the subject of the file and because documents beyond the “formal Court record” are sought, the application must be considered under r 11. Rule 7 also applies. That rule relevantly provides:

7 Restriction on access in proceedings under certain enactments

(1)A person may not access a document, a court file, or any judgment or order that relates to a proceeding brought under the enactments listed in subclause (2) unless—

(a)the Judge is satisfied that there is good reason for permitting access; or

(b)the person is a party to that proceeding.

(2)The enactments are—

…

(i) Family Protection Act 1955:

…

(u)any former provisions corresponding to current provisions of any of the Acts mentioned in this subclause.

(3)This rule overrides rule 8.

[7] The relevant file is a petition for divorce filed on December 1939. I refer particularly to r 7(2)(u). I am satisfied that the statutory basis upon which the 1939 petition for divorce was filed corresponds to the provisions in the Family Proceedings Act and is therefore embraced by r 7.1

Analysis

[8] I am satisfied Mr Hocking on behalf of the Public Trust should be permitted access to the divorce file. The file does contain information identifying half-sisters of Mr Hann and may therefore be of assistance to the Public Trust in identifying his relations. The inquiries on behalf of the Public Trust are appropriate given Mr Hann died intestate.

[9] I have considered whether the file contains matters of a sensitive nature. I am satisfied there is nothing within the file that would offend the parties’ privacy interests.

1 Re Livingstone v Livingstone [2015] NZHC 2575; [2015] NZAR 1827 at [8], and Rule v Rule
[2020] NZHC 2222 at [7].

[10] I am satisfied that permitting access to the file is in the interests of open justice and I grant the application.

...................................................

Eaton J

Copy to:
Public Trust, Christchurch

The High Court of New Zealand Christchurch Registry dealt with an application by the Public Trust, on behalf of the Estate of William John Hann, for access to a court file related to the 1939 dissolution of the marriage of William's mother, Doris Mabel Hann, and David John Graham Dick. The Public Trust, as the administrator of William Hann's estate, sought access to the file to determine the closest next of kin under the laws of intestacy. The application was considered under the Senior Courts (Access to Court Documents) Rules 2017, particularly Rule 7, which restricts access to certain documents related to family proceedings. The court found that the divorce file, though protected by Rule 7, did not contain sensitive information that would infringe on the privacy of the parties involved. The court concluded that granting access to the file was in the interests of open justice and would assist the Public Trust in identifying William Hann's relatives.

The central legal issue was whether the Public Trust, as a non-party to the divorce proceedings, could access the divorce file under the Senior Courts (Access to Court Documents) Rules 2017. The court had to determine if the sensitive nature of the information in the file outweighed the public interest in open justice. The court examined the specific provisions of Rule 7, which restricts access to documents related to family proceedings, and concluded that the file did not contain any information that would offend the privacy interests of the parties. The court found that the file contained information that could assist in identifying William Hann's half-sisters, which was relevant to the administration of his estate.

The court granted the Public Trust's application for access to the divorce file, holding that the information in the file was not sensitive enough to warrant restricting access under Rule 7. The court determined that permitting access to the file was in the interests of open justice and would not infringe upon the privacy of the parties involved in the 1939 divorce proceedings. The court found that the file contained relevant information that could assist in identifying William Hann's relatives, which was pertinent to the administration of his estate.

The court ordered that the Public Trust be granted access to the divorce file relating to the 1939 dissolution of the marriage of Doris Mabel Hann and David John Graham Dick. This decision was made under the Senior Courts (Access to Court Documents) Rules 2017, ensuring that the sensitive nature of the information was balanced against the need for open justice in the administration of William Hann's estate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Senior Courts (Access to Court Documents) Rules 2017
IN THE MATTER	of Estate William John Hann
AND IN THE MATTER	of an application by Public Trust for access to the Court file in Dick v Dick (D2888/1939)