Thompson v Hayward

[2021] NZHC 244

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

No. 4281 In Divorce

[2021] NZHC 244

UNDER

Senior Courts (Access to Court Documents) Rules 2017

RE

DANICA THOMPSON

Applicant

EX PARTE

GEORGE ALFRED HAYWARD v ELSIE MARGARET RUSSELL HAYWARD

Parties

Hearing:	(Determined on the papers)
Judgment:	22 February 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Access to Court file)

This judgment was delivered by me on 22 February 2021 at 3.30 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 22 February 2021

Re THOMPSON EX PARTE HAYWARD [2021] NZHC 244 [22 February 2021]

[1]                 Ms Danica Thompson has applied on behalf of her partner, Mr Brent Sibley, for access to a divorce file concerning Mr Sibley’s biological grandfather.

[2]                 The divorce file concerns George Alfred Hayward and Elsie Margaret  Russell Hayward.

[3]                 Ms Thompson explains that she and Mr Sibley are currently completing their “Family  Tree”  and  hope  access  to  the  file  will  help   provide  more  details.   Ms Thompson records that their 14-year-old son is also very interested in knowing more about his heritage.

[4]                 Access to court files is governed by the Senior Courts (Access to Court Documents) Rules 2017 (the Rules).

[5]                 Under r 7(1) of the Rules a person may not access a court file in relation to divorce matters unless a Judge is satisfied there is good reason for permitting access, or the person is a party to that proceeding.

[6]                 The divorce file Ms Thompson wishes to access dates from the late 1940s. It is a file where leave is required for access.

[7]                 If either party to the divorce file had still been alive the application would need to be served on them. Ms Thompson advises that Mr George Hayward died in 1975 and she is fairly confident that Elsie Hayward is also deceased. Based on Elsie Hayward’s age when she was married, as shown on the Marriage Certificate on the file, I expect Ms Thompson’s confidence is well placed as she would now be something like 117 years old if still alive.

[8]                 The file shows that Mr and Mrs Hayward had one son and Ms Thompson advises that Russell George Hayward, the son, has also died.

[9]                 Accordingly, there is no one with a connection to the relationship whose privacy interests need to be considered.

[10]              It is important that people understand their family history and I am satisfied it is appropriate that Ms Thompson have access to the file.

[11]              An applicant to search a file may be required to give a written acknowledgement confirming that he or she will not publish or distribute the material obtained and agreeing  to keep that material  confidential  within  the family.  Such   a condition is appropriate here given Ms Thompson has said she wishes to search the file for family history reasons. Ms Thompson is to confirm to the Registrar in writing that she will not publish or distribute the contents of the divorce file and will keep it confidential within her family.

[12]              Ms Thompson may inspect the physical file and if she wishes to do so, she should make arrangements with Ms Cohen of the Christchurch High Court Registry to make a time to do so. If she wishes to request copies of the file, she is to liaise with Ms Cohen accordingly.

Associate Judge Lester