Niven

[2020] NZHC 2604

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

IN DIVORCE No. 414

[2020] NZHC 2604

UNDER

Senior Courts (Access to Court Documents) Rules 2017

IN THE MATTER

Of an application to search an historical divorce file

BETWEEN

VAUGHAN FRANCIS NIVEN

Applicant

Judgment: 5 October 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 5 October 2020 at 12.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 5 October 2020

RE NIVEN [2020] NZHC 2604 [5 October 2020]

[1]    Vaughan Francis Niven (Vaughan) applies to the Court for permission to access the Court file relating to the dissolution of his father’s first marriage.

[2]    Vaughan explains that his father died in 1986. He is undertaking family genealogy research and it is clear from his email request to search the file that he knows very little about his father’s first wife.

[3]    His father’s first marriage took place on 1 April  1946.  At  that  time,  Morton Niven (Vaughan’s father) was aged 24 and his first wife was aged 25. Accordingly, depending on exactly when she was born, she would be about 100 years old today, if alive.

[4]    Access to Court files is governed by the Senior Courts (Access to Court Documents) Rules 2017 (the Rules). Under r 7.7 of the Rules 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]    The Rules require the Registrar of the Court to give a copy of the request to the parties to the relevant proceeding.1 The Court can dispense with that requirement if it would be impractical to require notice to be served.2

[6]    Given Vaughan has no information about his father’s first wife, I dispense with the need for her to be served, but given she will not be served (assuming she is alive), I will be making conditions in respect of Vaughan’s access to the file.

[7]    Given the importance of people understanding their family history, I am satisfied Vaughan has a proper reason for searching the Court file and I am satisfied it is appropriate that leave be given to him to access the file.

1      Senior Courts (Access to Court Documents) Rules 2017, r 11(3).

2      Rule 11(4).

[8]    I note Vaughan is based in Taranaki and so he is to liaise with the Registrar of the Invercargill Court in relation to obtaining copies of the documents and paying any necessary fees.

[9]    It is a condition of Vaughan having access to the file, that he confirm in writing to the Registrar that he will not publish any information he obtains from the file other than to his immediate family members. This is against the possibility that his father’s first wife is still alive, or perhaps more likely that she went on to have another family who may not be fully aware of her connection to Vaughan’s father. Upon the Registrar obtaining Vaughan’s written confirmation that he will abide by this condition the Registrar may provide access to the file.

Associate Judge Lester