Yorston v Attorney-General

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2024-485-164

[2025] NZHC 39

BETWEEN
ALLAN MAGNUS YORSTON

Plaintiff

AND

ATTORNEY-GENERAL

Defendant

On the Papers

Counsel:

Written request by Allan Magnus Yorston

Judgment:

31 January 2025

JUDGMENT OF RADICH J

[1] Mr Yorston has requested access to all physical documents from the High Court file relating to CRI-2005-004-018-740—a proceeding in which he was a party—for the purpose of checking the accuracy of those records. The request was made in the course of submissions presented by Mr Yorston during a call, on 13 September 2024, of his judicial review proceeding against the Attorney-General in CIV-2024-485-164.1 There have been some practical issues in having the physical files sent to the Wellington High Court from Auckland, for review, but they are now available.

[2] Access to court documents is governed by the Senior Courts (Access to Court Documents) Rules 2017.

1 See Yorston v Attorney-General [2025] NZHC 38.

YORSTON v ATTORNEY-GENERAL [2025] NZHC 39 [31 January 2025]

[3] Parties to proceedings, whether criminal or civil, have the right to search, inspect and copy documents relating to the proceedings.2 However, in criminal proceedings, the following qualifications apply:3

(a)a Judge may direct that the prosecutor, defendant, or defendant’s lawyer may not access the court file or any document relating to the criminal proceeding without the permission of the Judge:

(b)if there is more than 1 defendant in the criminal proceeding, a defendant or the defendant’s lawyer may access the court file or a document relating to the criminal proceeding only with the permission of a Judge.

[4] There is no reason not to grant the application. The physical files, and the matters they address, are entirely standard. There do not appear to be any victim impact statements in the physical files, which would otherwise require an order that they not be copied.4

[5] I make orders that Mr Yorston may search, inspect and copy all documents (other than any victim impact statements, which should not be copied but may be inspected) in the file relating to CRI-2005-004-018-740. Currently, the files are at the Wellington Registry of the High Court. Mr Yorston may inspect them at the Wellington Registry. However, if he would rather, then he may request the Wellington Registry to send the files to the Wanganui Registry. In either case, when reviewing the files, he may ask a Registrar to make copies of any documents should he desire them.

Radich J

2      Senior Courts (Access to Court Documents) Rules 2017, r 9.
3      Rule 9(3).
4      Under s 23 of the Victims’ Rights Act 2002, offenders are not to be given a victim impact statement to keep. Accordingly, no copying of such statements could be allowed.

CaseChat Overview and Summary

The High Court of New Zealand, Wellington Registry, heard a request from Allan Magnus Yorston for access to all physical documents from the High Court file pertaining to CRI-2005-004-018-740, a proceeding in which he was a party. Yorston sought this access to verify the accuracy of the records. The request was made during his judicial review proceeding against the Attorney-General in CIV-2024-485-164. The Wellington Registry had initially faced logistical challenges in sending the physical files from Auckland, but these issues had been resolved, making the files available for review.

The legal issues before the court were whether Yorston, as a party to the proceeding, had the right to inspect, search, and copy the documents under the Senior Courts (Access to Court Documents) Rules 2017, and if any restrictions applied given the nature of the proceeding. The rules generally allow parties to criminal or civil proceedings to access documents, with specific qualifications in criminal proceedings, such as requiring a judge's permission for certain defendants to access the court file.

Radich J determined that there was no reason to deny the application. The files in question were standard, and there were no victim impact statements present that would necessitate additional protective measures. Consequently, the judge granted the application, allowing Yorston to inspect and copy all documents in the file relating to CRI-2005-004-018-740, with the exception of any victim impact statements which he could inspect but not copy. Yorston was given the option to inspect the files at the Wellington Registry or request that they be sent to the Wanganui Registry, with the option to request copies from a Registrar if desired.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

On the Papers
Counsel:	Written request by Allan Magnus Yorston
Judgment:	31 January 2025