Tower Corporation

[2015] NZHC 2157

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

M 464/97 [2015] NZHC 2157

IN THE MATTER OF       TOWER CORPORATION

On the papers
Judgment:	7 September 2015

JUDGMENT OF MALLON J

[1]      Foundation Life (NZ) Limited applies for permission to access a court file.1

In 2014 it acquired shares in Tower Life (N.Z.) Limited.  It carries on the business previously run by that company.   The file to which access is sought relates to an application in 1998 for the High Court’s approval of a scheme pursuant to which Tower Corporation converted to a company limited by shares (demutualisation). Pursuant to that scheme Tower Corporation’s life insurance business was transferred to Tower Life (N.Z.) Limited.

[2]      The reason for the request is stated as being:

[Foundation Life (NZ) Limited] is dealing with matters in relation to [its] business in respect of which it would be helpful for them to understand in more detail the Demutualisation (and we understand the relevant documents would have been filed with the Court)[.]

[3]      It is also said that as Tower Corporation was the only party to the proceedings it is unlikely that any other person will be adversely affected by this application.

1      High Court Rules, r 3.13.

Re Tower Corporation [2015] NZHC 2157 [7 September 2015]

[4]      The file to which access is sought was transferred to Archives New Zealand sometime  in  2003.    It  has  a  “restricted  access”  classification.2   Archives  New Zealand has provided the file to this Court to determine whether access may be granted.

[5]      The difficulties for the Court are the very general nature of the request and the large size of the file to which access is sought.3    It will take some time for the Court to review the file to determine whether there are confidentiality or other reasons why access should not be granted in whole or in part.  That Tower was the only party to the proceeding does not necessarily make it unlikely that any other person will be adversely affected.  It is not clear what other avenues Foundation Life

(NZ) Limited may have for obtaining the information it seeks and what steps it has taken to do so.

[6]      If Foundation Life (NZ) Limited wishes to pursue its application, it should provide further information setting out in more detail the reason for its request and what other avenues it has explored for obtaining the information.   It should also make inquiries to determine whether the Court file is likely to have information that, if disclosed, will adversely affect any other person.   I note, for example, that the Court received a report from KPMG as an independent expert.   The Court also received submissions from Peter Jenkin QC as amicus curiae.  It may be that these parties could assist Foundation Life (NZ) Limited with that issue.

[7]      In the meantime the application for general access to the file is declined.  The matter can be revisited if Foundation Life (NZ) Limited provides the further information sought.

Mallon J

2      Public Records Act 2005, s 43.

3      See for example Schenker AG v Commerce Commission [2013] NZCA 114, (2013) 22 PRNZ

286.