| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 271/06 |
| Hearing date | 18 Aug 2006 |
| Determination date | 23 August 2006 |
| Member | Y S Oldfield |
| Representation | S Langton ; D Erickson |
| Location | Auckland |
| Parties | Multiserve Education Trust Ltd v Ross, McGee |
| Other Parties | Canterbury Education Services Society Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether further orders should be made to preserve evidence - Applicant claimed 3rd respondent breached direction of Authority by failing to deliver up specified classes of documents - Sought alternative orders that 3rd respondent and its CEO produce all documents relating to proceeding and that they deliver to Authority their computer systems" - Authority previously declined request for full disclosure prior to mediation - Applicant explained objective was to complete process begun previously - Although CES had delivered up computer hard drives, likely further relevant evidence in its possession - Authority not satisfied real risk of deliberate removal of relevant material - However risk of accidental loss of information meant need to secure further evidence before parties embarked on mediation - Authority had no power to order forensic expert onto CES premises or clone material on its computers - Available process was to require evidence to be delivered up for cloning for Authority to retain clone - CES argued would be hugely disruptive - Independent expert available to search and clone servers onsite - With CES consent, expert to attend premises outside normal working hours for purposes of preserving relevant information on CES servers - Time and keywords for search to be subject to further teleconference - CES reminded under responsibility to ensure no information destroyed - To produce hard copies of relevant documents on hard drives already cloned - COSTS - Expense of experts services to be borne by applicant on cost shifting basis - Arrangement to continue subject to final determination at mediation" |
| Result | Orders accordingly |
| Number of Pages | 7 |
| PDF File Link: | aa 271_06.pdf [pdf 28 KB] |