Commissioner, New Zealand Police v Robinson

[2018] NZHC 2597

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2018-485-464 [2018] NZHC 2597

UNDER	The Criminal Proceeds (Recovery) Act 2009
IN THE MATTER OF	an application under ss 49 and 52
BETWEEN	THE COMMISSIONER, NEW ZEALAND POLICE Applicant
On the papers	AND	PETER JORDAN ROBINSON Respondent

Counsel:

G Burston for Applicant

P Surridge for Respondent

Judgment:

4 October 2018

JUDGMENT OF GRICE J (Request for access to court file)

[1]      An application has been received from Ms Murdoch on behalf of Stuff and the Dominion Post, both media providers for access to the pleadings, evidence, minutes, court orders and decisions in relation to the above matter.

[2]      The matter relates to orders made for assets forfeiture under the Criminal Proceeds (Recovery) Act 2009. The orders relate to various amounts of cash obtained as a result of a criminal investigation.

[3]      Rule 8 of the Senior Courts (Access to Documents) Rules 2017 allows parties to access the formal court record and any documents relating to the proceedings. Rule 12 sets out the matters to be considered when determining a request for access.

These include the protection of confidentiality and privacy interests (including those

THE COMMISSIONER, NEW ZEALAND POLICE v ROBINSON [2018] NZHC 2597 [4 October 2018]

of children and other vulnerable members of the community) and any privilege held by, or available to, any person.1   Further factors include the freedom to seek, receive and impart information and any other matter that the Judge thinks appropriate.2   Rule

13 sets out the approach to be applied in balancing those matters.

[4]      Ms Murdoch seeks access on the basis that this type of proceeding is a matter of general public interest and importance and as an aid to accurate reporting.

[5]      Mr Surridge on behalf of Mr Robinson has indicated that he does not oppose the orders but would like the applicant to forward any intended article for review and comment.

[6]      The Commissioner does not oppose the application but seeks the redaction or suppression of information contained in an affidavit filed in the proceedings of Helen Beck sworn on 4 July 2018. Those redactions are as follows:

5.1      Information the Commissioner received from Inland Revenue set out at paragraph 3.10 and exhibit HB1.

5.2      Information  identifying  the  Customs  investigator  who  provided information to Police as set out at paragraph 4.14.

5.3      Information identifying the respondent’s bank account number at paragraph 5.2.

5.4      The names of third parties that feature in the Facebook pages set out in exhibit HB3.

5.5      The  names  and  bank  account  details  of  third  parties  who  made deposits into the respondent’s bank account as set out in exhibit HB5.

5.6      The names and bank account details of third parties who feature in table labelled “other expenditure” in exhibit HB6.

[7]      The Commissioner has provided an appropriately redacted affidavit.

[8]      In the circumstances, the redactions are justified to protect the confidentiality and privacy interests of other persons involved and also to protect the identification of the officers involved as well as commercially sensitive information including bank

1      Rule 12(d).

2      Rule 12(f) and (h).

account numbers.   In addition, the redaction of the information from the Inland

Revenue is provided on a specific basis and is not able to be disclosed to third parties.

[9]      I consider that the redactions above are justified in circumstances noted.

[10]     Accordingly, I direct that the relevant court documents in these proceedings be made available to the Dominion Post and Stuff (Ms Murdoch) for the purposes of reporting.  That includes pleadings, evidence, minutes, court orders and decisions in relation  to  these  proceedings  on  the  condition  that  the  unredacted  affidavit  of Helen Beck sworn on 4 July 2018 is not to be accessed but the redacted affidavit provided by the Commissioner in its memorandum of 25 September 2018 be provided. The information which has been redacted is suppressed.

[11]     I leave it to Ms Murdoch to liaise with Mr Surridge in connection with

Mr Robinson’s request to view any intended article.

Grice J

Solicitors:

Crown Law Office, Wellington for Respondent