Harder v WorkSafe New Zealand - [2024] NZHC 940

Mr Harder made application for pre-proceedings discovery and/or examination of lawyers involved in Pike River Mine tragedy for purposes of intended recall of judgment. The decision which was the object of the intended recall had granted access to all documents on the court file relating to the successful judicial review in the Supreme Court concerning the withdrawal of the prosecution of a director of Pike River Coal Ltd and payment of reparation to victims and families of victims. Three issues were set down for determination by the court: whether there was jurisdiction; whether the applicant who was not a lawyer nor otherwise involved in the Judicial Review proceedings had standing; and whether application was procedurally improper and an abuse of process.  

Held: the applicant had standing to bring the specific application as standing had already been established in the recall application, however there was no jurisdiction to grant the applications in the context of the underlying intended application and the application was an improper use of court process.  Pre-proceedings discovery and examination processes not available in the context of the intended recall and access to court documents regime.  Applicant had been successful in application for access to all court documents.  Present applications were directed at re-opening Pike River Mine and suggested finance source, although no such specific claims presently contemplated.  Not a proper use of court processes.  Limited interim non-publication of persons referred to ordered.