Deans v Annett

[2020] NZHC 2908

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

D4767/1949, D170/1963, D291/1969

[2020] NZHC 2908

UNDER

the Senior Courts (Access to Court Documents) Rules 2017

BETWEEN

RITCHIE CHARLES DEANS

Applicant

AND

MERVYN McKAY ANNETT, EVA WINIFRED ANNETT, ROBERT JOHN McLAUGHLIN, DENISE WINIFRED McLAUGHLIN and TUI OTIRA MAUD ANNETT

Defendant

Hearing:	(Determined on the papers)
Judgment:	5 November 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 5 November 2020 at 12.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 5 November 2020

DEANS EX PARTE ANNETT [2020] NZHC 2908 [5 November 2020]

[1]                 In a judgment dated 24 September  2020,  I  dealt  with  an  application  by Mr Ritchie Deans to search three divorce files.1 As recorded in that earlier judgment, Mr Deans is undertaking family history research.

[2]                 In respect of the earliest file, which concerns Mr Deans’ grandparents (D4767/1949), both his grandparents have died as had their only child, Mr Deans’ mother.

[3]On that basis, I was satisfied no privacy issues arose and access was granted.

[4]                 The next file dating from 1963 (D170/1963), was the divorce file of Mr Deans’ mother, Denise and her first husband, Robert John McLaughlin.

[5]                 At my request, Mr Deans carried out research to see if Mr McLaughlin is still alive, and it turns out he is. Mr Deans made contact with Mr McLaughlin and obtained Mr McLaughlin’s approval for the file to be searched. Mr Deans has provided a screenshot of a Facebook Messenger message where Mr McLaughlin has stated he has no issue with the application and indeed offered to send Mr Deans a copy of part of the file that Mr McLaughlin had retained.

[6]I am satisfied no privacy issues arise in respect of the parties to that proceeding

– as I have said – Mr Deans’ mother having died.

[7]                 Accordingly, Mr Deans is granted access to the file D170/1963 and the Registrar may scan through to him the contents of that file.

[8]                 Mr Deans request in relation to the third file remains open, pending provision of the further information sought.

Associate Judge Lester

1      Deans ex parte Annett [2020] NZHC 2504.