Taylor v Attorney-General

[2022] NZHC 323

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2017-485-802

[2022] NZHC 323

BETWEEN

ARTHUR WILLIAM TAYLOR

Plaintiff

AND

ATTORNEY-GENERAL

Respondent

Hearing:

28 February 2022 (via MS Teams)

Appearances:

Plaintiff in Person

S M Kinsler and D M A Wiseman for Respondent

Judgment:

1 March 2022

RESULTS JUDGMENT OF ISAC J

[Interlocutory applications]

Introduction

[1]                 Prior to the commencement of Mr Taylor’s trial I received submissions directed to three issues:

(a)An application by the defendant to admit as hearsay evidence a signed brief of evidence of a Mr Paul Burrow. Unfortunately, Mr Burrow died after signing his brief of evidence for the trial;

(b)An application by the defendant for non-party discovery of Mr Taylor’s 2005 medical records held by Capital and Coast District Health Board (CCDHB);1 and

1      The records relate to Mr Taylor’s hospitalisation and treatment on 23 and 24 September 2005.

TAYLOR v ATTORNEY-GENERAL [2022] NZHC 323 [1 March 2022]

(c)An objection by Mr Taylor to the proposed evidence of a witness to be called for the defendant, a Mr James Whakataka.

[2]                 Given the importance of these issues to the conduct of the trial (commencing today, 1 March 2022), I advised counsel I would provide an urgent judgment containing the result, with reasons to follow.

[3]                 This decision is in no way an indication of my assessment of the evidence in issue. It reflects only the question of admissibility.

Hearsay application

[4]                 The defendant’s application to admit the brief of evidence of Mr Burrow as a hearsay statement is granted.

Non-party discovery

[5]                 The defendant’s application for a non-party discovery is granted. I order particular discovery of Mr Taylor’s medical records held by CCDHB identified in [2(a)(i)] of the defendant’s notice of interlocutory application dated 21 February 2021.

[6]                 Given the urgency of the application, and the obvious privacy interests attaching to Mr Taylor’s medical records, I modify the usual requirements of a discovery order as follows:

(a)CCDHB is not required to provide a list of documents. It is required to provide copies of all records held that fall within the scope of the order to both Mr Taylor and counsel for  the  defendant  (Mr Kinsler  and Mr Wiseman) within the next 24 hours;

(b)The documents may be provided by counsel for the defendant  and  Mr Taylor to Drs James Freeman and Peter Jones, the medical expert witnesses the parties propose to call;

(c)The documents and their contents are to be kept confidential by counsel and the expert witnesses and are not to be disclosed or distributed to

any other person without prior leave of the Court.

[7]I reserve leave to apply should further directions be required.

Admissibility of Mr Whakataka’s evidence

[8]Mr Taylor’s objection to the witness’s evidence is dismissed.

Isac J

Solicitors:

Meredith Connell, Auckland for Respondent