| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 57/10 |
| Hearing date | 2 Feb 2010 |
| Determination date | 09 February 2010 |
| Member | L Robinson |
| Representation | K Crossland ; J Haigh QC, T Clarke |
| Location | Hamilton |
| Parties | Rau v Waikato-Tainui Te Kauhanganui Inc |
| Summary | PRACTICE AND PROCEDURE – Respondent sought orders investigation meeting not be held in public – Alternatively sought all media excluded from investigation meeting – Respondent also sought evidence, filed pleadings, fact of application, and determination of Authority not be published – Authority discussed importance of principles of open justice – Authority recognised fundamental open justice principles may not have same force in Authority – However, open justice very important consideration when Authority exercised powers of investigation – Authority emphasised important that its operation open for all to see – Authority declined to order media and public be excluded from investigation meeting – Found matters between parties already publicly known – Authority declined to order prohibition of publication of parties names – Authority declined to order fact of application and determination be prohibited from publication – However, Authority ordered pleadings filed not be published to protect interests of non-parties and to avoid inappropriate controversy |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA second schedule cl10(1);ERA s160(1);ERA s177(4);ERA s178(6);ERA s179(5);ERA s184(1A);New Zealand Bill of Rights Act 1990 |
| Cases Cited | Davis v BNZ [2004] 2 ERNZ 516;R v Sussex Justices; Ex parte McCarthy [1924] 1 KB 256;Lewis v Wilson & Horton Ltd & others CA 131/00;Anderson v The Employment Tribunal [1992] 1 ERNZ 500;Oldco PTI (New Zealand) Ltd v Houston [2006] 1 ERNZ 221 |
| Number of Pages | 5 |
| PDF File Link: | aa 57_10.pdf [pdf 19 KB] |