Justice Centre | 19 Aitken Street
DX SX10088 | Wel ington
[email address] | www.justice.govt.nz
18 March 2024
Erika Whittome
[FYI request #24466 email]
Dear Erika
Official Information Act request: Publication of judgments
As far as I am aware, the Ministry has never been involved in or consulted about decisions
on publishing judgments. I said the Ministry "is not usually involved or consulted" in case
there is something I am unaware of (although I think it unlikely) and because, if the judiciary
requested assistance from the Ministry, we would provide it (but again, I am unaware of that
happening to date).
Your original request referred to three decisions (two District Court, one High Court). Two of
those decisions can be found online:
•
Canaday v Medical Council of New Zealand [2022] NZDC 4436 is available here:
Canaday v Medical Council of New Zealand [2022] NZDC 4436 | The District Court of
New Zealand (districtcourts.govt.nz) Note that District Court judgments are on the
District Court website. Information about where to find judgments of the different courts
and tribunals is here:
Judgments — Courts of New Zealand (courtsofnz.govt.nz)
•
Reihana v Foran 2022 [NZHC] 2425 is available here:
2022-NZHC-2425.pdf
(courtsofnz.govt.nz) You may not have found it searching as you cited it as
Reihana v Air
NZ. That case has since been appealed to the Court of Appeal:
workspace___SpacesStore_2707af11_94a8_4f8d_93ff_896a74d54ace.pdf
(justice.govt.nz) and the Supreme Court:
2024-NZSC-17.pdf (courtsofnz.govt.nz) (which
declined leave for a further appeal).
The only decision you referred to that is not currently online is the decision in your case. As I
said previously, that is awaiting a judge to make a decision on whether it should be published
online and, in the interim, it can be requested from the Court under the District Court (Access
to Court Documents) Rules 2017.
In respect of the Covid 19 Judgments page, I understand that that page is no longer
maintained because there is no longer the heightened public interest that there originally was
when the courts were first dealing with Covid 19 matters. However, the judgments are stil
available online, just not on a dedicated webpage.
Yours sincerely
Chris Hurd
Senior Solicitor
Office of Legal Counsel