Two quite different regimes apply, depending on whether the transcript is wanted for an appeal.
Order 2 Rule 16
A person may search the records of the Court and obtain from the Registrar a certified copy of record of the Court on satisfying the Registrar that he has good and sufficient reason for so doing, and on payment of the prescribed fee.
Good and sufficient reason, to the Registrar’s satisfaction — a party to the proceedings ordinarily has one; a stranger must explain. And payment of the prescribed fee.
The Rule allows a certified copy of record of the Court, which is what is needed where the document must be relied on elsewhere.
Rule 15 — there shall be kept in the Registry a register of all documents filed and all proceedings taken in any cause or matter showing the dates on which such documents are filed or such proceedings taken.
Rule 17 — an original record of the Court or document or thing produced under summons shall not be taken from the Registry without the order of a Judge.
Rule 18 — any Act or decision of the Registrar may be reviewed by a Judge — the remedy if a request is refused.
Rule 11 — the Registry is open 8.00 a.m. to 12.00 noon and 1.00 p.m. to 3.30 p.m., every day except Saturdays, Sundays and Court holidays.
Order 18 Division 1A Rule 6
(1) The Appellant or his/her lawyer is responsible for compiling the Appeal Book.
(2) The Appellant or his/her lawyer is responsible for ensuring that the Court depositions are provided by the Clerk of Court or appropriate officer of the tribunal or authority which made the decision and received by the National Court.
Not the Registry’s responsibility. Start chasing the record immediately after filing the notice of appeal — availability of the depositions is item 6 on the directions hearing agenda, held within 14 days.
Where a handwritten transcript is provided by a Magistrate, the lawyer must ensure that they are typed by the lawyer and sent back to the Clerk with the hand-written original to certify in these words —
“I, …, Clerk of the Court hereby certify that I have examined the attached transcript with the original and certify that it is correct.”
This Certificate entitled with the name and number of the National Court appeal and place of hearing of appeal shall be prepared for signature of the Clerk of Court by the lawyer for the appellant.
Rule 6(4) applies the same procedure where the transcript comes from a person other than a Magistrate, certified by the appropriate officer of Authority or Tribunal.
Item viii of Rule 6(5) requires a typed copy of the Transcript — signed by a Clerk of Court certifying that the Transcript is correct. All documents must be numbered and where there is reference to the transcript, the lines on the transcript must be numbered.
Where both parties are unrepresented, Rule 6(5)(f) allows the Registrar, subject to the parties meeting the cost, to give such assistance to the parties as is necessary to compile the Appeal Book. See conducting an appeal.
Rule 6(5)(c)
If the Magistrate fails to provide Reasons for Decision when the decision is handed down by the Magistrate, then no such Reasons can be included in the Appeal Book.
Where the Magistrate gave verbal Reasons not recorded in the transcript, or none at all, a Report from the Magistrate requested by the Registrar of the National Court and supplied by the Magistrate under s 225 of the District Court Act must be included instead.
So the request goes through the Registrar, and the resulting document is a report, not reasons.
Three other contexts
Criminal proceedings. Order 10 Rule 10(5) of the Criminal Practice Rules 2022 — after an appeal is decided the Registrar forwards the order and written judgment to the court below, and if there is no written judgment, a transcribed copy of the oral judgment that has been transcribed by the Court Reporting Service.
Election petitions. Rule 13(3)(g) of the Election Petition Rules 2017 puts typing of transcript of the proceeding on the directions hearing agenda, alongside availability of Court or tribunal’s depositions including the Magistrate’s or decision-maker’s Reasons for decision or report.
Disciplinary inquiries. Order 5 Rule 8(4) of the ADR Rules 2022 — the Complaints Authority shall cause a written record to be kept of proceedings of its enquiries which shall remain confidential.
Five points
- Ask immediately. Transcript delay is the commonest cause of an appeal drifting.
- Identify exactly what you need — the date, the hearing, and whether reasons were delivered.
- Be ready to type it yourself where the record is handwritten. Rule 6(3) says the lawyer does it.
- Prepare the certificate for signature — the Rule requires the appellant’s lawyer to do so.
- Raise any difficulty at the directions hearing, which considers availability of … depositions and typing of transcript. If it is not going to arrive, say so there.
Order 2 Rule 18 allows any act or decision of the Registrar to be reviewed by a Judge, who may make an order by way of confirmation, variation or otherwise as he thinks fit. That is the route where a search under Rule 16 is refused.
Sources
- National Court Rules 1983 — O 2 rr 11, 15–19; O 18 Div 1A rr 5, 6
- Criminal Practice Rules 2022 — O 10 r 10
- Election Petition Rules 2017 — r 13
- Alternative Dispute Resolution Rules 2022 — O 5 r 8
The District Courts Act (Chapter 40), including section 225, is not available on PacLII. Search and copying fees are prescribed by regulation; check the current scale at the Registry.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.