New Zealand Police v Losi Filipo [2016] NZDC 18681

Published 27 September 2016

Request for access to documents or court file — Criminal Procedure Rules 2012, rr 6.8, 6.9 and 6.10 — discharge without conviction — Sentencing Act 2002, s 106. A media organisation and four complainants requested access to documents and/or the court file relating to a s 106 discharge without conviction. The summary of facts and charging documents had previously been released to the requesters. The requests were made under r 6.8 of the Criminal Procedure Rules, and after considering any restrictions on access (r 6.9) and matters to be taken into account (r 6.10), the Judge granted the request in part. For the majority of the documents, it was appropriate to grant supervised access with no right to copy in the interests of the orderly and fair administration of justice, and the principle of open justice. However, access was declined for two documents of a private nature. Restricting access on the ground of privacy interests being set out at r 6.10(2)(c). Judgment Date: 21 September 2016.