Consumer NZ Incorporated v Z Energy Limited

[2024] NZHC 569

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2023-485-771

[2024] NZHC 569

UNDER

the Fair Trading Act 1986

BETWEEN

CONSUMER NZ INCORPORATED

First Plaintiff

AND

THE ENVIRONMENT LAW INITIATIVE

Second Plaintiff

AND

LAWYERS FOR CLIMATE ACTION NZ INCORPORATED

Third Plaintiff

AND

Z ENERGY LIMITED

Defendant

On the Papers

Counsel:

J Every-Palmer KC, B Hamlin and P Comrie-Thomson for Plaintiffs

V Heine KC, N Swan and T Smith for Defendant

Judgment:

15 March 2024

JUDGMENT OF ISAC J

[Application for access to Court documents]

[1]        The applicant, Ms Zoe Cameron, is a student at the University of Otago. On  4 March 2024, she filed an application under Senior Courts (Access to Court Documents) Rules 2017 for access to the statement of defence filed by Z Energy in this proceeding.

[2]        Counsel for the parties have helpfully advised that there is no opposition to the application. Mr Comrie-Thomson, on behalf of the plaintiffs, also proposes that the reply to the statement of defence should be disclosed “to ensure the applicant has a

CONSUMER NZ INC & ORS v Z ENERGY LTD [2024] NZHC 569 [15 March 2024]

full and balanced understanding of the parties’ positions”. Ms Swan, on behalf of the defendant, seeks an order that the pleadings should not be further published or disseminated by Ms Cameron.

Consideration

[3]        As Ms Cameron seeks access to a pleading, her request falls outside the formal court record and must be determined under r 11 of the Senior Courts (Access to Court Documents) Rules.

[4]        In determining a request for access under r 11, the judge must consider “the nature of, and reasons given for, the request” and take into account that matters listed in r 12(1)(a)-(h) to the extent they are relevant. In applying r 12, I must also have regard to the matters in r 13. They acknowledge that different interests hold different weight at various stages of a proceeding.

[5]        Having considered the relevant factors, it is appropriate to grant Ms Cameron access to the two pleadings documents for the purpose of research.

[6]        In light of the request of Z Energy, I also make an order that the pleadings are not to be published or disseminated without leave of the Court. This does not restrict Ms Cameron’s use of the pleadings for her research, or her ability to refer to their contents (including quotations), if required.

Conclusion and result

[7]Ms Cameron’s application for access to Court documents is granted.

[8]Leave to apply is reserved.

Isac J

Solicitors:

Wynn Williams, Queenstown for Plaintiffs Chapman Tripp, Wellington for Defendant