Wickens

Case [2021] NZHC 736


IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

NO. D. 431/74

[2021] NZHC 736

APPLICATION BY

MICHELLE WICKENS for access to court

file (in Divorce No D431/74)

On the papers

Judgment:

1 April 2021


JUDGMENT OF MALLON J

(Addendum)


[1]I refer to my judgment in this matter dated 12 March 2021.1

[2]        Ms Wickens has subsequently provided further details. As to the relevance of the file to her research, she reiterates that the file came up in an Archives New Zealand search for her father and she is curious as to what his involvement was. She says she does not intend to publish the information as such, but may share it with her three brothers and her two children. She says both her parents died in 2018 and there is no one left on her father’s side to ask, as his only sibling is also deceased.

[3]        I consider that this information, particularly the last point, is sufficient to shift the balance somewhat. As there is no other way to find out the information and she does not intend to publish the information, I consider there to be good reason to allow the applicant to access the file.

[4]        Being mindful that the primary parties in the file are not her father and their families and other parties referred to in the file have not been heard on this and are entitled to some privacy, I permit Ms Wickens to examine parts of the file, without taking copies, that will provide her with the information relevant to her request. The


1      Re Wickens [2021] NZHC 500.

Re Wickens [2021] NZHC 736 [1 April 2021].

information is not to be published without seeking permission from the Court, but may be shared with her immediate family members.

[5]        Ms Wickens is to contact the Court on or after the week of 12 April 2021 to arrange a time to inspect the relevant documents that will be compiled for her from the file.

Mallon J

Details
AGLC
Wickens [2021] NZHC 736
Case
[2021] NZHC 736
Decision Date

CaseChat Overview and Summary

Michelle Wickens applied for access to the court file from a divorce matter (D431/74) to ascertain details of her father's involvement. The matter was heard in the High Court of New Zealand at Wellington. The key legal issue for the court was whether Ms Wickens had a legitimate reason to access the file, given the privacy rights of the other parties involved. The court had to balance Ms Wickens' interest in obtaining information about her father's involvement in the divorce proceedings against the privacy rights of the other parties.

The court considered Ms Wickens' explanation that she was curious about her father's involvement in the divorce proceedings and wanted to share the information with her immediate family. It was noted that both her parents had passed away, and there were no other living relatives on her father's side who could provide the information. The court found that Ms Wickens' request was reasonable, as there was no other way for her to obtain the information. The court also took into account that Ms Wickens did not intend to publish the information. The court granted Ms Wickens access to the file but with restrictions, such as not allowing her to take copies and prohibiting publication without permission from the court. Ms Wickens was required to contact the court to arrange a time to inspect the relevant documents.

This case highlights the importance of balancing the right to access information with the need to protect the privacy of others. The court recognised Ms Wickens' legitimate interest in obtaining information about her father's involvement in the divorce proceedings but also acknowledged the need to protect the privacy of the other parties involved. The court's decision to grant access to the file with restrictions demonstrates the court's willingness to balance these competing interests.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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