| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 67 |
| Determination date | 26 February 2014 |
| Member | T G Tetitaha |
| Representation | M Whitehead ; S Grice |
| Parties | Kiwa and Ors v Phil's Place Ltd |
| Other Parties | Kiwa, Clark |
| Summary | PRACTICE AND PROCEDURE – Application for non-publication of identity of individual involved with respondent (“R”) – Whether media attention would have negative impact on R’s business and ability to move about community – Well-known musician |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDUE: No exceptional circumstances or real risk to administration of justice if evidence published. R’s reputation could not be marred by events R accepted occurred. Any benefits of non-publication order rendered nugatory by effluxion of time and subsequent publication of R’s involvement in employment dispute. Application dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(e);ERA s160(1)(f);ERA Second Schedule cl10 |
| Cases Cited | Davis v Bank of New Zealand [2004] 2 ERNZ 511;Lloyd-Barker v The Society for the Prevention of Cruelty to Animals Auckland Inc unreported, K Anderson, 14 September 2009, AA334/09;R v Paterson [1992] 1 NZLR 45 |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Auckland_67.pdf [pdf 148 KB] |