Moore v McNaughton

[2012] NZHC 2878

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

S. 25/92 [2012] NZHC 2878

UNDER  Criminal Proceedings (Access to Court

Documents) Rules 2009

IN THE MATTER OF     ALLAN RUSSELL MOORE BETWEEN SUE MCNAUGHTON AND TONY

MCNAUGHTON

Applicants

Hearing:         1 November 2012 (On the Papers) Judgment:  1 November 2012

JUDGMENT OF FOGARTY J

ON APPLICATION FOR ACCESS TO COURT FILE

[1]      Mr Moore pleaded guilty to two criminal charges and was sentenced on

19 March 1992.  The charges were in respect of one of his children, then being aged about 10 years.  This is slightly more than 20 years ago.  There were other children who Mr and Mrs Naughton say were victims in this case, although there were no charges in respect of them.

[2]      All of the children of Mr Moore are now adults.

[3]      The applicants say that they wish to obtain the details of conviction and sentence in order to provide that information to the children.

[4]      Rule 13 of the Criminal Proceedings (Access to Court Documents) Rules

2009 requires the registrar to give notice to any person who is adversely affected by the application.  Normally in such a case, the victim would be such a person.  But on

RE MOORE HC CHCH S. 25/92 [1 November 2012]

the  face  of  it  this  application  is  being  made  on  her  behalf  by her  mother  and stepfather.

[5]      This Court will not assume that the parents of adults know what is best for the adults.   The children of Mr Moore may not want to know this information. Knowledge of it may disturb their lives.

[6]      I do not think that their mother and stepfather have standing to apply on their behalf.

[7]      For these reasons, this application in its present form is dismissed.  There is leave to re-apply providing additional grounds justifying the application.

Copy to:

Sue and Tony Naugton –  [email protected]