Senior Courts (Access to Court Documents) Rules 2017

  • A correction has been made to rule 7(2)(g) on 1 July 2019 under section 25(1)(j)(i) and (iv) of the Legislation Act 2012.

General rights

8 General rights of public
Civil proceedings

(1)

Every person has the right to access the formal court record relating to a civil proceeding.

(2)

Every person has the right to access any document or court file relating to an application for a grant of administration, or an action for a recall of a grant of administration, under the Administration Act 1969.

Criminal proceedings

(3)

Every person has the right to access the following relating to a criminal proceeding, except as provided in subclause (4):

(a)

the permanent court record under Part 7 of the Criminal Procedure Rules 2012:

(b)

any published list providing notice of a hearing:

(c)

any judgment, order, or minute of the court given in the proceeding, including any records of the reasons given by a judicial officer:

(d)

any judicial officer’s sentencing notes.

(4)

Without limiting rule 6(a), a person may access the following documents in a criminal proceeding only if a Judge permits the person to do so:

(a)

any pre-trial judgment, order, or minute in a criminal proceeding, including any bail judgment, order, or minute:

(b)

any document containing evidence of a complainant or of a person who gives or intends to give propensity evidence:

(c)

electronically recorded documents of interviews with a defendant:

(d)

any document that identifies, or enables the identification of, a person if the publication of any matter relating to the person’s identity (such as the person’s name) is forbidden by an enactment or by an order of the court or a Registrar:

(e)

any document received, or any record of anything said, in a proceeding while members of the public are excluded from the proceeding by an enactment or by an order of the court:

(f)

any document containing evidence provisionally admitted into evidence and any document containing evidence that has been ruled inadmissible by the court.

Appeals

(5)

Every person has the right to access the formal court record relating to an appeal.