| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 7/10 |
| Hearing date | 14 Jan 2010 |
| Determination date | 15 January 2010 |
| Member | D Asher |
| Representation | G Mason ; J Read (in person) |
| Location | New Plymouth |
| Parties | Auto Movements (NZ) Ltd v Read |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with consent determination – Respondent agreed not to transport any vehicles for reward until specified date – Applicant relied on evidence respondent seen transporting vehicles in breach of consent determination – Respondent declared bankruptcy – Applicant subsequently abandoned claim for financial damages and instead sought order directing respondent to surrender heavy driver’s licence until expiry of period – Respondent opposed application because used licence to transport stock car and as way to service farmlet – Respondent claimed had not acted in breach of determination – Respondent agreed carried vehicles but were own – Authority found applicant failed to establish respondent transported vehicles for reward – Authority declined to order respondent to surrender licence because amounted to significant variation of original determination and impacted human rights |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137 |
| Number of Pages | 4 |
| PDF File Link: | wa 7_10.pdf [pdf 14 KB] |