| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 226 |
| Hearing date | 22 May 2013 |
| Determination date | 05 June 2013 |
| Member | A Dumbleton |
| Representation | T Stevens, R Cahn ; P Wicks |
| Parties | Nova Energy Ltd v Mitchell and Ors |
| Other Parties | National Energy Ltd, A Mitchell |
| Summary | PRACTICE AND PROCEDURE – Respondents sought variation of consent orders restricting access to applicant’s briefs of evidence – First respondent’s employment with applicant ended – First respondent removed confidential and commercially sensitive information – Consent orders made restricting access to confidential information given as evidence – Passages in two briefs of evidence redacted – Respondents permitted to view two briefs of evidence at counsel’s chambers – Respondents sought direction regarding unsupervised and unrestricted access to briefs of evidence – Respondents challenged validity of certain redactions – Whether challenged redactions sensitive or highly confidential information – Senior manager |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Substantive allegations admitted by respondents. Strong grounds for applicant to believe respondents would misuse confidential information. Remedies sought substantial. Insufficient detail to indicate redactions highly confidential and commercially sensitive. Confidential information learned by first respondent likely to remain in memory. Threshold for preventing party from knowing all evidence not reached. Respondents entitled to see strength of information relied upon by applicant. Consent orders in relation to redacted evidence varied. Application for direction regarding unsupervised and unrestricted access to briefs of evidence adjourned. |
| Result | Application partially granted ; Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Nova Energy Ltd v Mitchell [2013] NZERA Auckland 180 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_226.pdf [pdf 156 KB] |