Of Spies, a Ship and a Videotape—Stop, Pause, Play, Rewind, Play: Inspection and Use of the Videotape of the Rainbow Warrior Court Proceedings

Abstract

In New Zealand access to court files in criminal proceedings is at the discretion of a judge or registrar. This article traces the way the rationale for the discretion changed over the last 20 years as the two French agents involved in the Rainbow Warrior bombing sought to prevent access to the court file containing the videotape showing their guilty pleas to a charge of manslaughter. Open justice and freedom of expression do not directly govern the exercise of the discretion but they are an essential part of the balancing process now undertaken by the courts when requests are made to access court files.