| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 334/09 |
| Hearing date | 10 Sep 2009 |
| Determination date | 14 September 2009 |
| Member | K J Anderson |
| Representation | M Ryan ; P Wicks |
| Location | Auckland |
| Parties | Lloyd-Baker v The Society for the Prevention of Cruelty to Animals Auckland Inc |
| Summary | INTERIM INJUNCTION – Applicant opposed non-publication order sought by respondent – Non-publication order related to non-party to proceedings (“K”) – Authority found K active participant in overall events in management capacity for respondent – Applicant referred Authority to Davis v Bank of New Zealand and presumption all evidence be given in public, and freely reportable – Respondent referred Authority to Dallinger v A-G arguing similar circumstances in current case – Respondent argued genuinely concerned applicant using investigation meeting to publicise matters relating to K personally, with malicious intent, causing reputational damage to respondent and K – Authority found not sufficient evidence to show reputation of respondent and K at risk – Found allegations in question pertained to events alleged to have occurred 14 to 15 years ago and appeared to have very dubious foundation – Authority found test in R v Patterson required exceptional circumstances which revealed real risk administration of justice frustrated or rendered impracticable if evidence published – Found grounds advanced by respondent for order did not satisfy test – Non-publication order declined - Authority found having indicated oral decision to parties, respondent stated challenging determination – Authority found given parties had right to challenge eventual substantive determination, was accepted by consent, practical approach to matter should be while accepted application for non-publication order unsuccessful, decision of Authority remained subject of challenge – Authority found to allow opportunity for due process, granted wording of non-publication order sought by respondent, to be prohibited from publication for 42 days and to be subject to further order if required |
| Result | Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA Schedule 2 cl10(1);ERA s179;Employment Contracts Act 1991 |
| Cases Cited | Davis v Bank of New Zealand [2004] 2 ERNZ 511;Anderson v The Employment Tribunal and Aotearoa Maori Radio Trust [1992] 1 ERNZ 500;R v Patterson [1992] 1 NZLR 45;Dallinger v A-G unreported, A Dumbleton, 17 Nov 2003, WA 162/03 |
| Number of Pages | 4 |
| PDF File Link: | aa 334_09.pdf [pdf 15 KB] |