| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 86/01 |
| Determination date | 17 July 2001 |
| Member | Y S Oldfield |
| Representation | DA Alderslade & E Huston ; P Cranney |
| Location | Auckland |
| Parties | ANZ Banking Group (New Zealand) Ltd v Finance & Information Workers Union |
| Summary | PRACTICE AND PROCEDURE - Discovery - Disclosure of documents - Whether certain documents were covered by privilege - Privilege to be construed narrowly - Documents relating to the applicant’s bargaining strategy not to be disclosed - Disclosure could potentially cause serious damage to future negotiations - Public interest considerations in support of privilege outweighed those in favour of disclosure - Disclosure may be appropriate where bargaining concluded - Conclusion of bargaining was not clear - Privilege only covered documents specifically relating to strategy - BARGAINING - Declaration that applicant acted in good faith and bargaining concluded sought - To allow constructive negotiations to continue in future no declaration regarding good faith made |
| Result | Application granted in part ; Orders accordingly ; No order for costs |
| Statutes | ERA s5;ERA s160 |
| Cases Cited | Ivamy v NZ fire Service Commission [1995] 1 ERNZ 724;Julian v Air New Zealand Ltd [1994] 2 ERNZ 88;NZ Air Line Pilots' IUOW Inc v Air Nelson Ltd [1998] 3 ERNZ 332 |
| Number of Pages | 6 |
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