Application for non-party disclosure — sexual assault — Ma’atusi v R [2021] NZCA 72 — R v Medcalf [2013] NZCA 333 — Criminal Disclosure Act 2008, ss 24, 27 & 29. The three young persons faced charges of sexual assault against the complainant. In this pretrial matter, the young persons sought disclosure of any records held by Oranga Tamariki in relation to the complainant. This broad request covered five categories with only one found to meet both the relevance test and the public interest test favouring disclosure – the information pertaining to the current allegations of sexual offending made by the complainant against the three defendants. Of the remaining four requests, the Court was informed that Oranga Tamariki held no information relating to any previous false allegations made by the complainant, so it did not need to be disclosed. A request for any reporting that the complainant was engaged in an inappropriate sexual relationship with another young person was rejected on the basis that it lacked real probative value. The disclosure of the complainant's school attendance was also rejected as it came within a Tuituia report that contained private and intensely personal information about the complainant which would be distressing if revealed. A final request for Oranga Tamariki files for each of the young persons noting any involvement in the criminal justice sphere was also rejected. The Court advised that counsel should have sought this information by way of an OIA request, and that such a use of the non-party disclosure provisions was a fishing expedition and highly inappropriate. Counsel assisting was directed to read the supplied documents and make recommendations as to what information pertained to the current allegations of sexual offending made by the complainant, and should thus be disclosed. Judgment date: 27 April 2021. * * * Note: names have been changed to comply with legal requirements. * * *