R v Akimoto [2017] NZDC 26251

Published 11 July 2018

Application to access file — access to sentencing notes and indication — publication restrictions — use of documents in Family Court. The applicant sought access to the defendant's court files including his criminal record and sentencing notes for use in the Family Court which was opposed by defence counsel and not opposed by the crown. The defence argued that the documents sought had not been clearly particularised, the grounds for access did not warrant the application being granted and the applicant should be required to file a formal originating application to have the matter set down for an oral hearing. The court noted that the proceedings were subject to a suppression order in respect of the complainant and that the applicant wished to use the documents in Family Court proceedings. The court granted the application in part and ordered that the registrar was to provide the applicant with the sentencing indication and sentencing notes. The application was declined in respect of the remaining documents sought. Judgment Date: 21 November 2017. * * * Note: names have been changed to comply with legal requirements. * * *