Short v Short

In the High Court of New Zealand Christchurch Registry, the case of Short v Short involves a request by a journalist from Stuff for access to documents under the Senior Courts (Access to Court Documents) Rules 2017, relating to proceedings concerning domestic violence and the care of a child. The journalist sought access to submissions and minutes on the file, arguing that the case is of public interest due to its relevance to how the court treats victims of domestic violence, particularly psychological violence. The court had to decide whether to grant the request, considering the principles of open justice, privacy, and the best interests of the child.

The court considered several legal issues, including the principles outlined in the Senior Courts (Access to Court Documents) Rules 2017, such as the orderly administration of justice, the right to a fair trial, and the protection of privacy interests. Notably, the proceedings involved the Care of Children Act 2004 and the Family Violence Act 2018, which required the court to weigh the need for confidentiality against the public interest in open justice. The court also had to consider the impact of disclosing sensitive information on the welfare of the child involved.

After evaluating the submissions from the parties and the potential consequences of granting access to the documents, the court concluded that the benefits of allowing the journalist access did not outweigh the risks to the child's privacy and welfare. The court was concerned that allowing access could lead to further conflict between the parties and the disclosure of sensitive personal information outside the judicial process. Therefore, the court denied the application for access to the documents, emphasizing the paramount importance of the child's best interests.