| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 52/08 |
| Determination date | 29 April 2008 |
| Member | G J Wood |
| Representation | S Ebert ; C Kimpton |
| Location | Wellington |
| Parties | Betts v Kawaroa Consultancy Ltd and Anor |
| Other Parties | KCL Property Management Ltd |
| Summary | PRACTICE AND PROCEDURE - Admissibility of evidence - Respondents sought to have document applicant sought to have admitted as evidence, and any reference to it, removed from record - Respondents claimed document involved relaying of legal advice - Applicant accepted some material clearly involved relaying of legal advice and agreed those portions be removed from record - However, applicant claimed document as whole set out strategy following receipt of legal advice, rather than relaying or recording of that legal advice - Also submitted that respondents waived privilege because document stored in part of computer system available to all staff - Respondents submitted every aspect of document privileged because dealt with aspects of restructuring and potential consequences - Also submitted document unable to be dissected because document as whole revealed substance of legal advice and therefore privileged - Respondents submitted inadvertent disclosure in computer system did not waive privilege - Authority concluded document contained some material relaying legal advice and other material set out respondents intended strategy - Found former not so intertwined with latter that relevant portions could not be excised - Authority went further than deletions applicant already agreed to and determined two further parts of document be removed from record - Authority considered those also covered legal options and language used consistent with sort of language used by lawyers - Authority found no waiver of privilege - Authority ordered applicant only use document with deletions in evidence, and all reference to expurgated sections of document be removed from any evidence or other documentation before Authority - Applicant directed to resubmit material currently before Authority in amended form accordingly |
| Result | Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Evidence Act 2006 s65(4) |
| Cases Cited | Bierre v Diagnostic Medlab Services Ltd unreported Travis J, 14 Oct 2003, AC 55/03;Gilbert v Attorney-General in respect of the Chief Executive of the Department of Corrections [1998] 3 ERNZ 519;USP Strategies Plc and Ors v. London General Holdings Ltd and Ors [2004] EWHC 373 |
| Number of Pages | 4 |
| PDF File Link: | wa 52_08.pdf [pdf 19 KB] |