Greendrake v District Court of New Zealand

[2020] NZHC 2732

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2018-425-000096

[2020] NZHC 2732

BETWEEN

EUGENE ANTHONY GREENDRAKE

Applicant

AND

DISTRICT COURT OF NEW ZEALAND

First Respondent

AND

WAYNE ALEXANDER MCCONNOCHIE

Second Respondent

Hearing:	On the papers
Judgment:	16 October 2020

JUDGMENT OF NATION J

[1]                  On 22 October 2020, there is to be a hearing in the High Court at Invercargill. Mr Greendrake is seeking a judicial review of the District Court’s decision refusing to accept charging documents allowing Mr Greendrake to bring a private prosecution relating to an alleged attack by a dog on his two Peking Ducks, Drakie and Duckie, aka Missy.

[2]                  Mr Greendrake has sought the permission of the Court to film the hearing on 22 October 2020 for his own records (not for publication). He says this would be done with a camera on a tripod that would be turned on before the hearing begins and left unattended throughout to avoid any distraction or interference. He also asked if members of the public would be able to attend the hearing and, if so, whether they would be able to take photos.

GREENDRAKE v DISTRICT COURT OF NEW ZEALAND [2020] NZHC 2732 [16 October 2020]

[3]                  A presiding Judge has authority over how proceedings are conducted and what record is made of them.

[4]                  The High Court produces a documentary record of evidence given at a hearing. That record is for the Court but is normally available to the parties. There may be a sound recording of what is said during the hearing. Again, this is for the Court. It is not normally typed. It is not part of the documentary record of the court proceedings which would normally be available to the parties and is not, as a matter of course, available to the parties.1

[5]                  Media are entitled to be present in court for court hearings. Accredited journalists may take notes of what is happening during the proceedings.

[6]                  Counsel for the parties or a self-represented litigant can also take notes of what is being said during the hearing but normally the courts will not allow any other person to make notes or to, in any other way, record what is being said during a court hearing. That is because the Court and presiding Judges need to control how a record of the court proceedings is compiled and, importantly, how it might be used, not just during the hearing but also afterwards.

[7]                  On occasions, accredited media are permitted to take photographs or otherwise record at least part of what is happening during a court hearing. Accredited media and journalists have a particular role, recognised by the courts, in ensuring court proceedings are conducted in public and there is open justice. They nevertheless can record or photograph what is happening during a court hearing only with permission of the Judge. If permission is given, they must abide by guidelines applying to the media and must accept particular responsibilities and limitations that apply as to the way such recordings might be used.

[8]                  Those protections for the Court process and all involved in it, will not apply to the filming or recording of a court hearing if made by a participant in the court process for their own record or any other reason.

1      Nuku v R [2018] NZSC 96 at [6].

[9]                  While a Judge has the power to depart from the normal practice, such a power would only be exercised where this is in the interests of justice.

[10]              Mr Greendrake wants to have a film record of the proceedings, he says only for his “own records”. He thus does not need to record the proceedings to advance his case. He will obviously be present throughout the hearing so will be able to observe and hear for himself all that is going on and present his case accordingly.

[11]              It is thus not necessary, in the interests of justice or to ensure there is open justice, for Mr Greendrake to be able to compile his own film record of the hearing. For that reason, his application to film the hearing is declined.

[12]              The court hearing will be in public so anyone, including Mr Greendrake’s associates, are free to attend.

[13]              In these proceedings, the Court will not permit members of the public to take photographs within the courtroom of anything happening there or of anyone involved in the proceedings. Members of the public, including associates of Mr Greendrake, who might attend the hearing must not take photographs in the courtroom.

Solicitors:
Preston Russell Law, Invercargill

Copy to:

Mr E A Greendrake.