Finlay, ex parte Webb

[2021] NZHC 184

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

No. 4121 In Divorce

[2021] NZHC 184

UNDER

the Senior Courts (Access to Court Documents) Rules 2017

BETWEEN

KAYE FINLAY

Applicant

EX PARTE

PEARL EVELYN WEBB v GEORGE WILLIAM WEBB

Defendant

Hearing:	Determined on the papers
Judgment:	16 February 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 16 February 2021 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 16 February 2021

FINLAY EX PARTE WEBB [2021] NZHC 184 [16 February 2021]

[1]                  Ms Kaye Finlay has applied to the Court requesting access to the divorce file of her mother, Pearl Evelyn Webb, from George William Webb.

[2]                  Ms Finlay explains she is undertaking family research including her “family tree”.

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

[4]                  Under r 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, or the person is a party to that proceeding.

[5]                  The divorce file Ms Finlay wishes to inspect was commenced in 1946 and was not concluded until 1950. It is a file where leave is required for access.

[6]                  If either party to a divorce file is still live, the application should be served on that person if it is possible. Ms Finlay advises that Pearl Webb, George Webb and George Hayward are all deceased. Given the ages of the parties at the date the file was opened, they would all be well over 100 years old now and I accept Ms Finlay’s assurance that all are deceased.

[7]                  The file refers to the divorced couple having two children, one born in 1937 and the other in 1939, so it is possible they may still be living.

[8]                  With Ms Finlay’s mother having died, she has no other way of finding out what happened in respect of this aspect of her family. It is important that people understand their family history and I am satisfied that it is appropriate that Ms Finlay have access to the file.

[9]                  An applicant to search a file may be required to file a written acknowledgment confirming he or she will not publish or distribute material obtained and agreeing to keep that material confidential within the family. Given there may be other children of the late Ms Pearl Evelyn Webb still alive, I require as a condition of Ms Finlay

having access to the file that she confirm to the Registrar in writing that she will not publish or distribute the divorce file and will keep it confidential within the family.

[10]              Ms Finlay may inspect the physical file and if she wishes to do so, she should make arrangements with Ms Cohen of the Christchurch High Court Registry to make a time to do so. If she wishes to request copies of the file, Ms Finlay is to liaise with Ms Cohen.

Associate Judge Lester