Foreword | 1. Introduction | 2. Our court system | 3. Key participants for media in the court | 4. Media in court | 5. Courts with special media provisions | 6. Access to court information | 7. Courts with special rules concerning access to information | 8. Ministry of Justice media contacts | 9. References | 10. Appendices
The information detailed in this section applies generally to all courts. However, the Maori Land Court, Environment Court and Coroners Court have additional or special provisions regarding access to court information, which are detailed at the end of this section.
The laws and rules around access to records held by a court attempt to balance the principle of open justice, and the public’s right to know, against the principle of individual privacy.
The registrar or deputy registrar will provide access to court information where legislation allows. This will usually be done on the authority of the registrar, but some cases may involve a referral to a judge.
6.1 Court information v Ministry of Justice information
There is an important difference between information held by the court and information held by the Ministry of Justice. Information that makes up the court record and is held in relation to the court’s judicial function is subject to specific search rules and the Official Information and Privacy Acts do not apply.
Information held by the Ministry of Justice is subject to requests under the Official Information and Privacy Acts. This kind of information includes statistical information, policies and procedural matters.
Access to court information is governed by various legislative provisions, as well as orders and directions set down by the court, such as:
There are differences in the type of information available from cases heard in the indictable jurisdiction (cases heard before a judge and jury) and in the summary jurisdiction (cases heard before a judge only).
Statutory provisions and name suppression orders may restrict the information that may be published. A judge may place restrictions on how you may use or publish information you have access to as a court reporter. They can also restrict access to certain documents such as victim impact statements and psychiatric reports.
Judges’ personal notes do not form part of the court record and are not available for search or inspection.
Court staff are unable to give you any information about a case where the defendant has not yet appeared in court, to allow for the possibility of name suppression being ordered by the judge at the first appearance. This includes confirming whether or not a particular person has charges pending.
If you do not attend a hearing in person and would like information relating to the proceedings, you need to apply for information in accordance with the search rules. Once the matter has been brought before the court, the only information that court staff can give you without reference to the search rules is the date set down for the next appearance.
Search requests should be directed to the Registrar. As the procedure varies in different jurisdictions we advise you to contact the court office for advice about how to make an application.
If you are granted permission to search a court file, you can expect to be supervised by a court staff member.
More information about access to court records is available at www.justice.govt.nz/media/.
Written statements or affidavits presented to the court (in criminal cases), such as pleas or testimonials, are not normally available to you. Only an order of the court can give you access to these statements. If you wish to read a written statement you will need to apply to the presiding judge.
If you are granted an order allowing access to a written statement you must read it at the court. You can only take photocopies with the court’s permission.
A judgment is a transcript of the judge’s decision.
For a copy of a judgment given in the District Court you need to apply in writing to the court, giving specific information such as:
If the judgment is not available at that time, your request will be referred to the court registrar and then to the judge who delivered the judgment.
If the request cannot be met, you will be advised of the reasons.
Judicial Decisions Online is a database of all decisions from the higher courts that are not subject to some form of legal prohibition. Decisions are posted to the site www.justice.govt.nz three days after delivery.
For cases in the Supreme Court, you can also check the Courts of New Zealand website for transcripts of hearings and details of upcoming cases www.courtsofnz.govt.nz.
Employment Court judgments are available from www.justice.govt.nz/employment.
Indictable jurisdiction (cases heard before a judge and jury)
The Criminal Proceedings (Search of Court Records) Rules 1974 provide that any person may search, inspect or be given a copy of the:
You need to apply to the court where the proceedings were heard and a fee is payable for cases heard in the High Court and the Court of Appeal.
Your application should be processed within a week; however some records are stored off-site and may take longer to access.
Summary jurisdiction (cases heard before a District Court judge only)
The Summary Proceedings Act 1957 provides that a copy of an entry in the Criminal Record may be given to a person who the registrar is satisfied has a genuine and proper interest in obtaining the copy.
The registrar will exercise their discretion as to whether or not a person has a genuine and proper interest, but a media representative would normally qualify. If the registrar has any doubt they will refer the matter to a judge.
If you want a copy of an entry in the Criminal Record, such as a conviction notice, you need to apply in writing to the court registrar, detailing the offence, the name of the accused and the approximate date of conviction.
A fee is payable for this copy. Where there are multiple convictions on one day this constitutes one entry, and only one fee is due.
Your application should be processed within a week however, some records are stored off-site and may take longer to access.
6.6 Criminal Records (Clean Slate) Act 2004
The Criminal Records (Clean Slate) Act 2004 overrides other legislation and rules relating to access to court records.
This legislation is designed to allow individuals with less serious convictions who have been conviction-free for at least seven years to put their past behind them. It enables eligible individuals to conceal convictions in most circumstances.
Any request for an individual’s criminal record that was processed on or after Monday 29 November 2004 must comply with the requirements of the Criminal Records (Clean Slate) Act 2004.
6.7 Official Information Act 1982
Requests under the Official Information Act 1982 (OIA) for information held by the Ministry of Justice should be made to the court manager. If the request is for non-routine information, the court manager will liaise with the Ministry’s national office, which will provide a response.
It is important to note that the Official Information Act does not apply to judicial proceedings or court records.
Third parties, including media, can apply to the Ministry for access to personal information held by the Ministry concerning an individual’s:
The individual concerned must give their written consent to the provision of the information. If consent has not been given, the application is likely to be declined on the grounds of privacy.
Application forms for access to personal information are available from the District Court, or online at www.justice.govt.nz/privacy.
Court staff will advise you of any applicable fees at the time of your request for information.
The fees included in the Criminal Proceedings (Search Fees) Regulations 1997 apply to requests granted for information from criminal proceedings in the High Court and Court of Appeal.
No fees are charged for requests granted to search criminal indictable proceedings records in District Court cases.
In the summary jurisdiction the Summary Proceedings Act 1957 and the Summary Proceedings Regulations 1958 prescribe the fees that can be charged for a copy of an entry in the criminal records and a copy of proceedings or a judgment.