Kelly v Salmons

[2020] NZHC 2933

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

No. D. 24/81 In Divorce

[2020] NZHC 2933

BETWEEN

MICHAEL KELLY

Applicant

AND

PAULA ANNE SALMONS and GRANT RICHARD SALMONS

Hearing:	(Determined on the papers)
Judgment:	6 November 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 6 November 2020 at 2.30 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 6 November 2020

RE SALMONS EX PARTE KELLY [2020] NZHC 2933 [6 November 2020]

[1]                  Mr Michael Kelly, solicitor of Generations Law in Brisbane, Australia, has on behalf of his client, Rebecca Salmons, requested access to a 1981 divorce file relating to her late father, Grant Richard Salmons.

[2]                  Mr Kelly explains that his client intends to apply to the  Queensland  Supreme Court for Letters of Administration in respect of her father’s estate. For that application,  Ms Salmons  requires  proof  of  her  father’s  divorce  from  Paula Anne Salmons (nee Arps).

[3]                  Mr Kelly has identified the Archives New Zealand file. The file and the search request have been referred to me.

[4]                  Access to court files is governed by the Senior Courts (Access to Court Documents) Rules 2017 (the Rules). Under cl 7(1), 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.

[5]                  Mr Kelly has no information regarding the former wife of the late Grant Richard Salmons. Normally, I  would  require  some  steps  to  be  taken  to  trace  Ms Salmons (nee Arps) if the application had been for general access to the file. However, as I apprehend that a copy of the Marriage Certificate of the late Mr Salmons and Ms Arps, together with a copy of the final Decree Absolute of Divorce, will be sufficient for Mr Kelly to advance the application on behalf of his client, I request the Registrar to forward copies of those documents only to Mr Kelly. I note Mr Kelly’s request was to access only documents relevant to his client’s application. If further documents are required, he may renew his request to the Registrar identifying the particular documents he requires in that regard and why.

Associate Judge Lester

Generations Law