| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 264 |
| Determination date | 26 June 2014 |
| Member | E Robinson |
| Representation | D Hayes ; S McKenna |
| Parties | Puna Chambers Inc v Christensen |
| Summary | PRACTICE AND PROCEDURE - Application to set aside previous Authority determination - Whether previous Authority determination should be set aside on ground respondent gave fraudulent evidence during course of investigation |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Challenge to Employment Court (EC"), challenge on ground of lack of jurisdiction and application for judicial review only three means of challenging Authority determination. No challenge made to EC within statutory timeframe. No allegation that Authority lacked jurisdiction. Application for judicial review dependant on challenge to EC having been made. Not appropriate to order investigation be reopened in circumstances where statutory regime made provision for challenges to Authority determinations. Application dismissed." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s173;ERA s179;ERA s179(2);ERA s179(3)(a);ERA s179(3)(b);ERA s184(1);ERA s184(1A)(b);ERA Second Schedule cl4 |
| Cases Cited | Christensen v The Montessori Foundation now known as Puna Chambers Inc [2013] NZERA Auckland 470;O'Hagan v Waitomo Adventures Ltd [2014] NZHC 905 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_264.pdf [pdf 194 KB] |