| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 520 |
| Determination date | 08 December 2011 |
| Member | E Robinson |
| Representation | G Downey ; J Wright |
| Location | Auckland |
| Parties | Kloeten v Combined Tanning Supplies Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondent’s director (“W”) sought non-publication order – Respondent claimed media attention could impact on another matter before Courts where W was witness – Applicant opposed non-publication order and claimed no connection between matters – Authority found open justice principle important consideration for Authority when exercising powers of investigation – Found must be extraordinary reasons why open justice principle should not apply – Found no connection between matters and evidence before Authority would not adversely affect other matter before Courts – Application declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s177(4);ERA s178(6);ERA s179(5);ERA s184(1A);New Zealand Bill of Rights Act 1990 |
| Cases Cited | Anderson v Employment Tribunal [1992] 1 ERNZ 500;Clark v Attorney-General (No 1) [2005] NZAR 481;Davis v Bank of New Zealand [2004] 2 ERNZ 511;Lewis v Wilson and Horton Ltd unreported, 29 August 2000, CA 131/00;R v Sussex Justices, Ex parte McCarthy [1924] 1 KB 256 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_520.pdf [pdf 19 KB] |