IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-146
[2018] NZHC 2378
BETWEEN VICTORIA MARIGOLD MARGARET WIKI
AppellantAND
NEW ZEALAND POLICE
Respondent
Hearing: On the papers Judgment:
10 September 2018
JUDGMENT OF GORDON J
This judgment was delivered by me
on 10 September 2018 at 4.00 pm, pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
Solicitors: Crown Solicitor, Auckland Copy To: The appellant
WIKI v POLICE [2018] NZHC 2378 [10 September 2018]
Introduction
[1] On 21 August 2018, I gave a decision dismissing Ms Wiki’s appeal against conviction and sentence.1 Ms Wiki had pleaded guilty in the District Court to one charge of wilful trespass and one charge of assault on a female constable. In short, Ms Wiki had entered New World on Queen Street where she had previously been trespassed, and while being processed after her arrest, she spat on an officer’s arm.
[2] Ms Wiki has filed in this Court what purports to be a copy of a notice of appeal to the Court of Appeal dated 28 August 2018 (as opposed to an application for leave to bring a second appeal).2
The application
[3] Ms Wiki has also filed an application in this Court for access to court documents dated 28 August 2018. She seeks a transcript of the hearing of her appeal on 21 August 2018. She says a transcript of submissions is requested.
[4] Ms Wiki says that the reason she wants the transcript is because she cannot hear and is deaf. She says the transcript will be needed for the Court of Appeal where she intends to lodge an appeal. Ms Wiki says, overall, she seeks a re-hearing in the District Court.
Relevant legal principles
[5] Requests for access to court documents fall under the Senior Courts (Access to Court Documents) Rules 2017 (the Rules).
[6] As Ms Wiki was a party to this appeal, she has a general right to search, inspect and copy any part of the court file or any document relating to the proceeding.3
1 Wiki v New Zealand Police [2018] NZHC 2156.
2 See Criminal Procedure Act 2011, ss 239(1) and 255(1).
3 Senior Courts (Access to Court Documents) Rules 2017, r 9(4).
[7] However, the transcript of Ms Wiki’s appeal does not fall within the definition of a document, in the context of an appeal, or within the definition of the court file.4 That is because there is at present no written transcript of the appeal hearing in this Court. The only resource available is the electronic recording of the hearing.
[8] Therefore, Ms Wiki does not have a right to access the transcript. Rule 3(3) provides that the Rules do not require a Registrar or any other person to prepare a document that is not in existence at the time a person asks to access it.
[9] The Court of Appeal stated in Mackenzie v Attorney-General, “[b]ecause there is time…
Continue reading Wiki v Police
Sign in free to access the full text
- AGLC
- Wiki v Police [2018] NZHC 2378
- Case
- [2018] NZHC 2378
- Decision Date
CaseChat Overview and Summary
The court considered the relevant legal principles under the Senior Courts (Access to Court Documents) Rules 2017, which allow parties to access court documents. However, the court noted that the transcript of Wiki's appeal was not in existence at the time of her request, and preparing a transcript involved time and expense. The court also considered the limited resources available for such transcription and the high threshold for a second appeal under the Criminal Procedure Act 2011. The court concluded that Wiki's prospects of success on appeal were extremely low, as she had pleaded guilty and accepted the facts of the case. The court also noted that Wiki had not raised any issues during the appeal hearing that would require a transcript.
The High Court refused Wiki's application for access to the transcript, finding that there was no good reason in the interests of justice for granting her access. The court held that the transcript was not necessary for Wiki's potential appeal to the Court of Appeal, given her low prospects of success and the absence of any significant issues raised during the appeal hearing. The court also noted that Wiki's earlier letter to the District Court suggested that her guilty plea was a considered one.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.