| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 483/05 |
| Hearing date | 23 Nov 2005 - 13 Dec 2005 (3 days) |
| Determination date | 13 December 2005 |
| Member | M Urlich |
| Representation | M Ryan ; A Russell |
| Location | Auckland |
| Parties | Miller v Health Alliance New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Authority had received evidence from private investigator “PI” - Objection to admissibility of evidence – Objection that was failure to obtain written prior consent to tape interview with applicant, failure to obtain written prior consent to photograph certain items, and that PI’s job sheets were prepared subsequent and consequent to the taping – Whether Authority could hear evidence – Section 52 of the Private Investigators and Security Guards Act 1974 required photographs and recordings to be made with consent and if not could not be admitted in evidence in civil proceedings – No consent in present case – Section 52 created statutory bar to Authority receiving evidence – Job sheets not barred by s52 and were admissible – Since Authority Member had heard significant portion of tape recording she stood down from hearing application |
| Result | Orders accordingly ; No order for costs |
| Statutes | Private Investigators and Security Guards Act 1974 s52 |
| Number of Pages | 2 |
| PDF File Link: | aa 483_05.pdf [pdf 11 KB] |