Stirrup

In this case, Ms Barbara Stirrup applied for access to her parents' divorce record from 1962-63, which had been deposited with Archives New Zealand. The application was brought under the Senior Courts (Access to Court Documents) Rules 2017. Ms Stirrup sought access to the records for personal reasons, as she was researching her family history and wanted to understand the circumstances of her parents' separation.

The court considered whether the request should be granted, balancing various factors outlined in the Rules. These included the nature of the request, the reasons given for it, and specific matters such as the orderly and fair administration of justice, the protection of confidentiality and privacy interests, and the principle of open justice. The records were subject to a restriction under the Rules, which provided that access to certain documents related to family proceedings could only be granted if there was good reason or if the person was a party to the proceedings.

The court found that Ms Stirrup had a legitimate interest in accessing the records, particularly given the significant passage of time since the divorce and the fact that both parents were either deceased or unable to provide her with the information. The court weighed these factors against the privacy interests of the parents, concluding that there was good reason to permit access. The application was thus granted on the condition that Ms Stirrup did not publish or distribute the material beyond her immediate family.