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  1. #1

    Default Is District Court admin out of control ?

    Went today to view a TT file of mine, as I suspected tenant was making an application post hearing.

    Staff refused me permission to see my own file, saying i had to write in and apply for permission to view.

    Plainly they had not read their own rules: The District Court Rules 2009 state at 3.13

    General right of access to formal court record


    • Subject to rule 3.18 every person has the right to access the formal court record kept in an office of the court.

      Compare: HCR 3.7



    and at 3.18

    Restrictions on access


    • 3.18.1Any right or permission conferred or given by these rules to access a document, court file, or any part of the formal court record is subject to—
      • (a)any enactment, court order, or direction limiting or prohibiting access or publication; and


      • (b)the payment of any prescribed fees for access.


      3.18.2A person may not access a document, court file, judgment, or order that relates to a proceeding brought under an enactment specified in rule 3.18.3 unless—

      • (a)the person is a party to that proceeding; or


      • (b)the court permits the person to do so.


      3.18.3The enactments are as follows: (list deleted for brevity but does not include Tenancy Act..)


      This is not the first time I have encountered Court Staff making up their own rules on the hoof. I anyone else does I hope you look up the rules and stick to your guns.



    We have a right to view the files, in fact that may be a right to view no t only our own but all TT files!! Stick to your guns Tantalus





    Last edited by Tantalus; 25-03-2014 at 03:42 PM.

  2. #2
    Join Date
    Jun 2013
    Posts
    1,980

    Default

    So what happened? Did you discover this once you'd got home, or did you quote it to them then and there?

  3. #3

    Default

    I'm an ex Deputy Registrar of the Supreme Court... I like to do my homework before I go make a stand usually.. better that way! they produced the file!

  4. #4
    Join Date
    Jun 2004
    Posts
    10,364

    Default

    Maybe they were ex council staff?
    Or maybe the type of person who enjoys putting in road blocks gravitate to these sorts of jobs.

  5. #5

    Default

    Could be, unfortunately this is not the first time I have experienced admin staff in the Courts/TT making arbitrary requirements unsupported by their own rules. What makes it worse is when I ask them to quote the rule.. as in District Court Rules 2009... that require (whatever) they usually look at me quite blankly.. rules? .. what rules ?

  6. #6
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,305

    Default

    making arbitrary requirements unsupported by their own rules. What makes it worse is when I ask them to quote the rule.. as in District Court Rules 2009... that require (whatever) they usually look at me quite blankly.. rules? .. what rules ?
    This is EXACTLY how council staff are.

    I had one lady tell me there's no Commercial 3 zoning in Papakura. I tried to tell her the whole CBD is zoned Commercial 3, but she knew best!

    But they planners are the worst. They seem to think they can a) Require resource consent for everything and b) Put whatever conditions they like into those resource consents. Despite their own rules saying so!
    Squadly dinky do!

  7. #7
    Join Date
    May 2004
    Posts
    2,774

    Default

    Quote Originally Posted by Davo36 View Post
    .... But they planners are the worst. They seem to think they can a) Require resource consent for everything and b) Put whatever conditions they like into those resource consents. Despite their own rules saying so!
    Funny, I just posted in another thread about ACT's policy to repeal the Resource Management Act on the basis that it is better to allow what is not expressly forbidden, than require permission (with all the associated costs, processes and planners making stuff up) for everything. Sounds good to me. It could happen. OK, a long shot but just maybe ....

  8. #8
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,305

    Default

    Well if ACT get into a coalition government and have enough swing to get National to do it... Yeah it's pretty unlikely.

    It would be political suicide for National.
    Squadly dinky do!

  9. #9
    Join Date
    May 2004
    Posts
    2,774

    Default

    Quote Originally Posted by Davo36 View Post
    Well if ACT get into a coalition government and have enough swing to get National to do it... Yeah it's pretty unlikely.

    It would be political suicide for National.
    Would it though? Who actually likes the RMA apart from the tree huggers and the bureaucrats?

  10. #10
    Join Date
    Sep 2007
    Location
    Auckland
    Posts
    8,305

    Default

    Oh heaps of people believe it's what is protecting the green spaces etc.

    And they are right to some extent. It does protect our native forests, rivers etc. But it's been bastardised by the bureaucrats so that you need a resource consent for everything.

    And when it was brought in, it was stated as doing the reverse i.e. you could do anything you want as long as you didn't pollute or cut down native trees etc.
    Squadly dinky do!


 

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