| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 284/05 |
| Hearing date | 5 Jul 2005 |
| Determination date | 27 July 2005 |
| Member | J Wilson |
| Representation | S Mitchell ; J O'Connell |
| Location | Auckland |
| Parties | Corrections Association of New Zealand v Department of Corrections |
| Summary | DISPUTE – Interpretation of collective agreement (“CA) - Maximum operating capacity for prisons provided for in CA – Agreed that Authority’s interpretation would apply to all prisons operated by respondent - Interpretation of operating capacity – Applicant sought that Authority issue a ruling stating “that the maximum capacity is the total number of inmates that may be held in a prison at any time of the day or night" - Respondent argued that maximum capacity limited only the number of inmates accommodated in the prison at final lockdown each day and number of prisoners actually within prison confines at other times of the day was not limited by the agreed maximum operating capacity – Protocol for managing variation defined maximum operating capacity as “the maximum number of inmates who can be accommodated in a particular prison at a point in time” – Agreed maximum capacity of prisons was the total number of inmates that could be held in the particular prison at any time, day or night – No orders made on how determination might be given effect – Parties urged to hold urgent discussions with a view to find a practical solution while meeting the interests and obligations of each side - COSTS - Since test case, costs to lie where they fall" |
| Result | Application granted ; Costs to lie where they fall |
| Statutes | ERA s161(1)(a);ERA s161(2) |
| Cases Cited | Aberhart v Air New Zealand Ltd unreported, Colgan J, 14 February 2001, AC 7/01;Corrections Association of New Zealand v Attorney-General in respect of the Department of Corrections [1999] 2 ERNZ 974 |
| Number of Pages | 6 |
| PDF File Link: | aa 284_05.pdf [pdf 37 KB] |