| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 109/04 |
| Determination date | 02 April 2004 |
| Member | M Urlich |
| Representation | G Brant ; M Crotty |
| Location | Auckland |
| Parties | Rau v Waikato Raupatu Trustee Company Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for order for general discovery and orders requiring respondent to produce specific documents - Applicant wished to see minutes from specific meetings of respondent's board - Respondent claimed legal professional privilege and confidentiality - Employment Relations Act s160(1)(a) - Authority had power to order production of documents relevant to employment relationship problem - Appropriate to make minutes available to Authority to assist investigation if relevant - Order for applicant to provide specified minutes of meetings except minutes that did not exist or made no mention of applicant's role or related issues - Minutes to have deletions of material subject to legal professional privilege where appropriate - Claim of express confidentiality or confidentiality due to inclusion of evaluative material as defined by Privacy Act 1993 not valid opposition to request to provide minutes - Concerns regarding confidentiality could be addressed by non-publication order - No jurisdiction to make order for general discovery |
| Result | Application granted in part ; Costs reserved |
| Statutes | ERA s157(1);ERA s160(1)(a);Privacy Act 1993 s29 |
| Cases Cited | Andrew v Commissioner of New Zealand Police [2003] 2 ERNZ 514 |
| Number of Pages | 4 |
| PDF File Link: | aa 109_04.pdf [pdf 21 KB] |