Jackson v Chief Executive of the Department of Corrections

[2022] NZHC 1059

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CIV-2021-483-35

[2022] NZHC 1059

BETWEEN

PETER DONALD JACKSON

Applicant

AND

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

On the papers:
Counsel:	P D Jackson in person
Judgment:	16 May 2022

JUDGMENT OF CHURCHMAN J

Introduction

[1]        Peter Jackson has made an application pursuant to the Senior Courts (Access to Documents) Rules 2017 (the rules) for access to Court documents.

[2]        Mr Jackson is a prisoner at Rimutaka Prison, currently serving a sentence in respect of three charges relating to the possession and cultivation of cannabis, for which he was found guilty following a jury trial in the Whanganui District Court. He was remanded in  custody on 24 September  2021 pending sentence scheduled for  15 November 2021.

[3]        Following being found guilty, Mr Jackson applied for a writ of habeas corpus. He represented himself at hearing and argued that he was being held without consent or jurisdiction and was a “quick man” whose body belongs to the creator. Mr Jackson asserted that he was not a person as defined by the Interpretation Act 1999. This

JACKSON v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2022] NZHC 1059 [16 May 2022]

application was heard by Edwards J who was satisfied that Mr Jackson was lawfully detained.1

[4]        Edwards J held that the laws of New Zealand do apply to Mr Jackson, and that it is plain that Mr Jackson is a “person”.

[5]Mr Jackson, now applies to the Court, requesting:

All [information] including, but not limited to, transcript & audio files relating to writ habeas corpus hearing on the 21^st day of October 2021 in the High Court at Wellington.

[6]As well as:

Original application, case notes, judgment, hearing transcript, audio file of hearing, and all other documents directly related to October 2021 application and hearing.

[7]        Mr Jackson wants to look at these documents for his personal record and to investigate the potential of an appeal, and/or judicial review proceedings.

[8]        As the hearing was held by teleconference, it was not recorded. There are therefore no audio files or transcript.

The law

[9]        Rule 8(1) provides that every person has the right to access the formal Court record relating to a civil proceeding.

[10]      Rule 9(1) provides that parties to a civil proceeding and the parties’ lawyers may, under the supervision of the Registrar or a person appointed by the Registrar, search and inspect the court file or any document relating to the proceeding, without paying a fee. They may also make copies of any part of the Court file relating to the proceeding, on paying the prescribed fee (if any).2 This right may be exercised at any time.3

1      Jackson v Chief Executive of the Department of Corrections [2021] NZHC 2836.

2      Senior Courts (Access to Court Documents) Rules 2017, r 9(1)(b).

3      Senior Courts (Access to Court Documents) Rules 2017, r 9(2).

Result

[11]      As a party to the proceeding in  question,  and as  he represented  himself,  Mr Jackson has a right pursuant to the rules to access and inspect the Court file relative to his application for habeas corpus. The electronic file contains:

(a)Mr Jackson’s application;

(b)a Notice of Opposition;

(c)a Warrant to Detain Mr Jackson;

(d)the respondent’s submissions;

(e)Edwards J’s judgment on habeas corpus; and

(f)information relating to the charges faced by Mr Jackson.

[12]      Mr Jackson is entitled to copies of this documentation and I direct that they may be made available to him.

Churchman J

Solicitors:
Crown Solicitor, Wellington

cc         P D Jackson, Whanganui