Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2014] NZERA Auckland 78
Determination date 06 March 2014
Member T G Tetitaha
Representation G Presland ; G Pollock
Parties Gomez v Rappongi Excursions Ltd t/a Dennys Restaurants New Zealand Ltd
Summary JURISDICTION - Respondent sought security for costs
Abstract JURISDICTION - Absence of any express power to order security for costs. Power to order security for costs not necessary to enable discharge of Authority's role. No jurisdiction. Authority noted even if Authority had jurisdiction, security for costs would not be ordered in the circumstances.
Result Application dismissed; No order for costs
Main Category Jurisdiction
Statutes ERA s3(a)(vi) - ERA s143(f) - ERA s157(1) - ERA s160(f) - ERA Second Schedule cl15 - Employment Relations Authority Regulations 2000 r4 - Employment Relations Authority Regulations 2000 r6(2) - Reciprocal Enforcement of Judgments Act 1958
Cases Cited Liu v South Pacific Timber (1990) Ltd [2012] NZEmpC 129;Neely v Attorney-General [1984] 2 NZLR 636;New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2008] ERNZ 196;Reid v NZ Fire Service Commission [1996] 1 ERNZ 228
Number of Pages 4
PDF File Link: 2014_NZERA_Auckland_78.pdf [pdf 147 KB]