| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 527 |
| Determination date | 19 December 2014 |
| Member | TG Tetitaha |
| Representation | P Robertson ; no appearance |
| Parties | Board of Trustees Manunui School v Northwood |
| Summary | PRACTICE AND PROCEDURE - Application to re-open investigation - Authority previously declined to direct that respondent not distribute confidential information relating to applicant's investigation or that respondent file statement of problem |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Confidential information already released to public. No jurisdiction for Authority to determine matters under Privacy Act 1993 or founded on tort. Obligation on parties to act in good faith did not confer jurisdiction on Authority to make direction about confidential information or to direct respondent to file statement of problem. Authority could not direct person to commence proceedings. Application dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | EAR r5;ERA s4;ERA s161(1)(r);ERA Second Schedule cl4;ERA Second Schedule cl10;Privacy Act 1993 |
| Cases Cited | Hosking v Runting [2005] 1 NZLR 1 (CA);New Zealand Public Service Assoc Inc v Southland Regional Council [2005] ERNZ 1008 (EmpC);NZ Amalgamated Engineering Printing and Manufacturing Union Inc v Air New Zealand Ltd [2004] 1 ERNZ 614 (EmpC);Reid v New Zealand Fire Service Commission [1996] 1 ERNZ 228 (EmpC);Young v Board of Trustees of Aorere College [2013] NZEmpC 111 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_527.pdf [pdf 144 KB] |