W v Family Court at Palmerston North

[2018] NZHC 1531

NOTE: ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIŌEA ROHE

CIV-2018-454-25

[2018] NZHC 1531

UNDER

the Judicial Review Procedure Act 2016 and the Family Court Rules 2002

IN THE MATTER

of an application for judicial review of decisions made under r 429 of the Family Court Rules 2002 and in respect of an

application made refusing use of affidavits filed in Family Court proceedings to be used in criminal proceedings

BETWEEN

W

Applicant

AND

FAMILY COURT AT PALMERSTON NORTH

First Respondent

L

Second Respondent

Hearing:

25 June 2018

Counsel:

D A Ewen for Applicant

Appearance for First and Second Respondents excused

Judgment:

25 June 2018

RESULTS JUDGMENT OF THOMAS J

[1]                 The applicant has sought judicial review of a decision dated 23 February 2018 made under r 429 of the Family Court Rules 2002 and s 11B of the Family Court Act

W v FAMILY COURT AT PALMERSTON NORTH [2018] NZHC 1531 [25 June 2018]

1980 refusing access to and use in criminal proceedings of affidavits filed in Family Court proceedings (the Decision).1

[2]I will give a results judgment now with reasons to follow:

(a)I make an order quashing the Decision;

(b)the matter is remitted back to the Registrar of the Family Court at Palmerston North, with the directions that:

(i)under r 429 of the Family Court Rules 2002, the applicant, personally or through counsel, may access the files in the Family Court proceedings, FAM-2015-054-000042 and FAM- 2016-077-000056; and

(ii)the applicant, personally or through counsel, may obtain copies of the documents on the files for use in the criminal proceedings, subject to any directions or rulings of the District Court at trial and, in particular, regarding suppression of the child’s name;

(c)there is no order as to costs.

[3]                 This order is to lie in Court until the fees in respect of the first amended statement of claim and hearing fees are either waived or paid.

Thomas J

Solicitors:

J H West, Paraparaumu for Applicant
Crown Law, Wellington for First Respondent

Ngapo-Lipscombe Law, Tokoroa for Second Respondent

1      W v L FC Palmerston North FAM-2015-054-42, 23 February 2018.