La'ulu

[2024] NZHC 3109

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

No D 651/81 In Divorce

No D 698/81 In Divorce [2024] NZHC 3109

IN THE MATTER	of Senior Courts (Access to Court Documents) Rules 2017
AND	an application by WILSON LA’ULU

Hearing:	On the papers
Counsel:	Applicant self-represented
Judgment:	24 October 2024

JUDGMENT OF RADICH J

[1]    Mr Wilson La’ulu has filed an application for access to two historic divorce files, Faaoleole v Faaoleole (No D 651/81) and Suitauloa v Suitaoloa (No D 698/81), both dating back to 1981. Mr La’ulu was a party in both proceedings. He seeks access to the files (in particular, the decrees absolutes issued in each proceeding) for the purpose of collecting information to provide in support of his (and his wife’s) application for New Zealand citizenship. He has indicated that he is prepared to meet any conditions of access as required.

[2]    Access to court documents is regulated by the Senior Courts (Access to Court Documents) Rules 2017. Rule 9 provides that parties to a civil proceeding may, under the supervision of the Registrar or a person appointed by the Registrar, search, inspect and copy any part of the court file or any document relating to the proceeding without paying a fee and at any time.

Application by Wilson La’ulu [2024] NZHC 3109 [24 October 2024]

[3]    Given Mr La’ulu is a party to both proceedings, he has a right to inspect and copy the files requested. For the avoidance of doubt, this means that Mr La’ulu may access, inspect, and copy the entirety of both court files, not just the decrees absolute which has he sought in particular.

[4]    As I understand it, Mr La’ulu does not live in Wellington, which is where the physical files for the divorce proceedings are held. Should Mr La’ulu or his wife wish to come and inspect or copy the documents in person, they are welcome to do so. However, if he would like all (or part) of the files to be scanned to him so that he may view them electronically, Mr La’ulu may liaise with the Registry to that end.

[5]    If electronic copies are distributed to Mr La’ulu, he is not to pass those copies on to anyone other than his wife. Notwithstanding this, Mr La’ulu and his wife may use and send the electronic copies to Immigration New Zealand for the purposes of supporting their citizenship application.

Radich J