Elvins v Southern District Health Board

[2021] NZHC 3291

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2019-412-92

[2021] NZHC 3291

BETWEEN

TRACEY LYNNE ELVINS

Plaintiff

AND

SOUTHERN DISTRICT HEALTH BOARD

Defendant

Hearing:

Determined on the Papers

Counsel:

D J More for Plaintiff

A N Lane for Defendant

Judgment:

3 December 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Access to Court file)

ELVINS v SOUTHERN DISTRICT HEALTH BOARD [2021] NZHC 3291 [3 December 2021]

[1]                On 6 May 2021, Mr Rob Kidd of the Otago Daily Times, applied for access to the statement of claim in this proceeding. The application was made pursuant to the Senior Courts (Access to Court Documents) Rules 2017.

[2]On 14 June 2021, I issued an interim decision declining that application.1

[3]                At that time, both counsel considered it appropriate that the application be declined but agreed it should be revisited upon the plaintiff filing an amended statement of claim.

[4]                Mr Kidd noted the background to the proceeding was to some extent already in the public domain because of the involvement of the Health and Disability Commissioner, the Coroner, and the reporting in respect of those steps.

[5]                Given the objection from counsel, the application was declined and I requested that the Registrar refer Mr Kidd’s application back to me upon an amended statement of defence to the amended statement of claim being filed.

[6]                The amended statement of defence to the first amended statement of claim has now been received.

[7]                The Registrar has contacted both counsel to assess their view of the renewed application. Mr More, counsel for the plaintiff, considers Mr Kidd should be granted access to the amended statement of claim and the amended statement of defence. Counsel for the defendant advises that her client does not actively oppose access.

[8]Accordingly, in the absence of opposition and indeed given the consent of the

1      Elvins v Southern District Health Board [2021] NZHC 1092.

plaintiff, Mr Kidd is to be provided with a copy of the first amended statement of claim dated 7 July 2021, the amended statement of defence dated 24 November 2021 and the reply of the plaintiff dated 5 November 2020 which deals with the defendant’s positive defence in relation to limitation.

Associate Judge Lester