Deans v Annett

[2020] NZHC 2504

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 2504

UNDER

the Senior Courts (Access to Court Documents) Rules 2017

BETWEEN

RITCHIE CHARLES DEANS

Applicant

EX PARTE

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

Hearing:	Determined on the papers
Judgment:	24 September 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 24 September 2020 at 12.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 24 September 2020

DEANS EX PARTE ANNETT [2020] NZHC 2504 [24 September 2020]

[1]                 Mr Ritchie Deans has applied to the court requesting access to three divorce files; two relating to his grandparents and the third relating to his mother.

[2]                 Mr Deans explains that he has been undertaking family history research for the last two years and would like access to the documents as part of that research.

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

[4]                 Under cl 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.

[5]                 All three files, being concerned with divorce matters, are therefore files where leave is required for access.

The 1949 file – Mervyn Annett v Eva Annett

[6]                 This is the  divorce  file  of  Mr  Deans’  grandparents.  The  only  child  of Mr Deans’ grandparents was his mother, Denise. Mr Deans advises that his grandfather passed away around 1974. Mr Deans’ mother died in 2017. Mr Deans has no information about the death of his grandmother, but having looked at the Birth Certificate,  it  is  clear  that  his  grandmother  will  also  have  passed  away,  given I calculate she was born in 1913.

[7]                 I am satisfied that there are no privacy issues apparent in granting access to this 1949 file and leave is granted accordingly.

The 1963 file – Robert McLaughlin v Denise McLaughlin

[8]                 This is the divorce file of Mr Deans’ mother, Denise, and her first husband, Robert John McLaughlin. Mr Deans has no knowledge about Mr McLaughlin and therein lies an immediate issue.

[9]Mr McLaughlin would be 80 years old and it is not impossible that he is alive.

[10]              Under the Rules, if Mr McLaughlin was alive, he would be entitled to be consulted about the request to access the file.

[11]              I defer Mr Deans’ request to access this file until he can provide more information about whether Mr Robert John McLaughlin is still alive.

The 1969 file – Tui Annett v Mervyn Annett

[12]              The third file from 1969 is the second divorce file of Mr Deans’ grandfather. This relates to Mr Deans’ grandfather’s marriage to his second wife.

[13]              The Marriage Certificate on the file shows that Mr Deans’ grandfather married Tui Marsden in 1949 when Ms Marsden was 25 years old. That means she was born in 1924 so, again, it is not impossible that she is alive.

[14]              I defer Mr Deans’ request to access this file until he can provide more information about whether Tui Otira Maud Annette, whose maiden surname was Marsden, is still alive.

[15]              In the meantime, the Registrar may scan through to Mr Deans the contents of file no. D4767/1949.

[16]              Hopefully, Mr Deans through his family research experience, will be able to make further enquiries to provide the information I have sought. Once he has done so, he can let me know, via the Registrar, the results of his enquiries.

Associate Judge Lester