Applications by Vincent Ross Siemer

Case

[2016] NZSC 28

22 March 2016


IN THE SUPREME COURT OF NEW ZEALAND

[2016] NZSC 28

BETWEEN

RICHARD JOHN CRESER
Applicant

AND

JANINE CRESER
First Respondent

THE OFFICIAL ASSIGNEE
Second Respondent

AND

IN THE MATTER OF APPLICATIONS BY VINCENT ROSS SIEMER FOR ACCESS TO COURT DOCUMENTS

Court:

Elias CJ, William Young, Glazebrook, Arnold and OʼRegan JJ

Counsel:

V R Siemer in person

Judgment:

22 March 2016

JUDGMENT OF THE COURT

The challenges to the decisions refusing access to court documents are dismissed.

____________________________________________________________________

REASONS

  1. The applicant, Mr Siemer, challenges two minutes refusing his requests for access to court documents, being

    (a)a minute of William Young J dated 29 October 2015 denying a request for access to documents filed in relation to SC 46/2015; and

    (b)a minute of O’Regan J dated 15 February 2016 which denied Mr Siemer’s requests for access to court documents dated 26 December 2015 and 17 January 2016.

  2. The decisions in question were made in accordance with the procedure described in Greer v Smith.[1]  One of Mr Siemer’s applications, in respect of the minute of William Young J, proceeds on the basis that his decision may be discharged or varied under s 28(3) of the Supreme Court Act 2003.  For the reasons explained in Greer v Smith we do not agree.[2]  The other, in respect of O’Regan J’s minute, purports to be by way of “appeal/review”.[3]  There is, however, no right of review or appeal.  We also see no reason why the original decisions should not stand.

    [1]Greer v Smith [2015] NZSC 196.

    [2]At [9].

    [3]The coversheet suggests also that it is by way of review.  O’Regan J has separately issued a minute indicating that he does not propose to take any steps in response to the application.

  3. The challenges are accordingly dismissed.


Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Greer v Smith [2015] NZSC 196