G v Commissioner of Police

[2021] NZHC 2103

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF APPLICANT IN ACCORDANCE WITH [8] OF THIS JUDGMENT.

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2021-485-399

[2021] NZHC 2103

UNDER

the Judicial Review Procedure Act 2016

IN THE MATTER OF

an application for judicial review of a determination(s) made under s 17(1) and determination notice pursuant to s 19 of the Returning Offenders (Management and Information) Act 2015

BETWEEN

G

Applicant

AND

COMMISSIONER OF POLICE

Respondent

On the Papers
Judgment:	12 August 2021

JUDGMENT OF GWYN J

(Interim Name Suppression)

[1]                 Mr G has filed an application for judicial review against the Commissioner of Police in relation to the exercise of powers by the Commissioner under the Returning Offenders (Management and Information) Act 2015.

[2]                 The application is set down for a first call in the Judge’s Chambers List on  13 September 2021.

G v COMMISSIONER OF POLICE [2021] NZHC 2103 [12 August 2021]

[3]                 Filed together with the statement of claim for judicial review is an application seeking permanent prohibition of publication of Mr G’s name, address, occupation or identifying particulars, pursuant to s 200 of the Criminal Procedure Act 2011.

[4]                 This matter has come before me, as Duty Judge, to consider the name suppression application or anonymisation of Mr G’s name pending a full consideration of his application for name suppression.

1. The application for suppression of identifying details is made on the basis that:

(a)Mr G does not want the world at large to know of his convictions and imprisonment or of personal matters which have been canvassed in previous District Court proceedings and will be canvassed in this proceeding.

(b)The contents of the material disclosed are intensely personal to Mr G.

(c)Public knowledge of Mr G’s past could seriously damage his future prospects.

[6]                 The principles applicable to name suppression in civil cases are very helpfully set out in a judgment of Associate Judge Lester, in F v Customs Officer X and Ors.1 The short point to be taken from the Associate Judge’s discussion of relevant authorities is that the Court does have power under its inherent jurisdiction to suppress the names and identifying particulars of people involved in civil cases. As the Associate Judge said, the Court must strike a balance between fundamental open justice considerations and the interests of the party seeking suppression.

[7]                 I agree with the Judge in the earlier District Court proceeding involving Mr G2 that, at least in the interim, the balance here falls on the side of suppression. Mr G will have an opportunity to support his application for permanent suppression when

1      F v Customs Officer X and Ors [2019] NZHC 1141, at [14]-[17].

2      The Chief Executive of the Department of Corrections v G [2020] NZDC 10559.

this matter comes before the Court at the first call (scheduled for 13 September 2021), at which time the respondent will also be represented.

[8]                 In the interim, I make an order suppressing the name and any identifying particulars of Mr G, pending further order of the Court. For that reason, Mr G’s name has been anonymised in this judgment.

Gwyn J