R v Matamata

[2021] NZHC 1781

PERMANENT NAME SUPPRESSION FOR THE VICTIMS CONTINUES, AS PER PREVIOUS ORDER OF THIS COURT

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2018-020-003953

[2021] NZHC 1781

THE QUEEN

v

JOSEPH AUGA MATAMATA

On the papers
Counsel:	C R Walker and F E Cleary for the Crown R Philip and W Hawkins for the Defence
Judgment:	15 July 2021

JUDGMENT OF CULL J

[1]    TVNZ requests access to court documents, namely victim impact statements for the purposes of  an  investigation  into  slavery  and  human  trafficking  into  New Zealand. The same request was made by RNZ media applications in July 2020 and its request was declined. The same reasoning and decision applies to TVNZ’s request. I now set out the reasons briefly for this decline.

[2]    As TVNZ has acknowledged, there are permanent name suppression orders for each of the victims. TVNZ undertakes to comply with such orders but wished to have access to the victim impact statements, even if “by sight-only in person at court” if I ordered it.

R v MATAMATA [2021] NZHC 1781 [15 July 2021]

[3]    When Radio NZ made its application, the Crown prosecutor sought the victims’ views and reported that while the victims were willing for Counsel and the Court to refer to the statements at sentencing, they did not wish the statements themselves to be released to any media organisation. The Crown relies on those victims’ views in opposing this application.

[4]    Under s 27 of the Victims’ Rights Act 2002, the Court may impose conditions on the disclosure or distribution of statements. However, in the face of the clear expression by the victims that they do not wish their statements to be made available to third parties or the media, I do not consider any conditions could meet the wishes of those victims.

[5]Accordingly, I decline TVNZ’s application.

Cull J