Bint v Hills

[2021] NZHC 2625

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

No. D1374/1926

[2021] NZHC 2625

RE

SAMUEL BINT

Applicant

EX PARTE

WILLIAM HILLS AND MIRIAM MAUD HILLS

Respondent

No. D1382/1926
RE	SAMUEL BINT Plaintiff
EX PARTE	WILLIAM HILLS AND MIRIAM MAUD HILLS and JOHN ROWE

Hearing:	(On the Papers)
Judgment:	4 October 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Access to Divorce Files)

[1]        Mr Samuel Bint has applied for consent to access two divorce files concerning his great-grandparents.

[2]        Mr Bint says he wants access to the files “for family history research as it may solve a few unanswered questions I have had for a while”.

RE BINT EX PARTE HILLS [2021] NZHC 2625 [4 OCTOBER 2021]

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

[4]        Under r 7(1) of the Rules, a person may not access a court file in relation to divorce matters unless a Judge is satisfied that there is good reason for permitting access, or the person is a party to that proceeding.

[5]        The files Mr Bint wants to access date back to 1926. While there are two separate files, it appears they concern the same divorce proceeding with the co-respondent named in the earlier file (D1374/1926) being a different individual from the one named in the later proceeding (D1382/1926).

[6]        Accordingly, I am satisfied that the same principles apply to the disclosure of each file.

[7]        Had either party to the divorce file been still alive, the application would have to be served on them. Both Mr Bint’s great-grandparents have died, as has his grandfather.

[8]        With the death of Mr Bint’s grandfather, the options open to Mr Bint to find out about his family history through other means are limited. It is important that people understand their family history and I am satisfied that Mr Bint has a proper reason to seek access to the files.

[9]        An applicant to search a file may be required to file a written acknowledgment confirming he or she will not publish or distribute material obtained from the files and agreeing to keep that material confidential. Mr Bint has advised the Registry he is willing to consent to any restrictions in that regard. He confirms he is only using the information for his own family history research and that the research will not be distributed or published.

[10]      Accordingly, Mr Bint is granted access to the two files. It appears that the original files are fragile, as Archives  New  Zealand  has  sent  digitised  copies  to the Registry. Nonetheless, the copies are of a high quality and access to the copies

should be sufficient for Mr Bint’s purposes. If he wishes to see the original documents then he may have to travel to Archives New Zealand in Wellington to do so.

[11]      Before Mr Bint is provided with the digitised copies, he is to confirm in writing to the Registrar that he undertakes to the Court that he will not publish or distribute the contents of the files, other than within his immediate family, and family members he discloses the material to are to promise to him that they will not distribute the material further.

[12]      Mr Bint should now contact the Registrar about obtaining the digitised copies and meeting any fees that may be payable in that regard.

Associate Judge Lester