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  13. [2024] NZEmpC 147 MW v Spiga Ltd [PDF, 740 KB]

    [2024] NZEmpC 147 MW v Spiga Ltd (Judgment of the Full Court, 8 August 2024) NON-PUBLICATION – SCHEDULE 2 CLAUSE 10 AND SCHEDULE 3 CLAUSE 12 OF THE EMPLOYMENT RELATIONS ACT 2000 – breach of a settlement agreement signed under s 149 – Employment Relations Authority declined non-publication of plaintiff’s name – MAJORITY JUDMENT – open justice is fundamental – may be departed from only to extent necessary to serve interests of justice – evidential standard of specific adverse consequences reasonably expected to occur – non-exhaustive list of factors that may be relevant including tikanga and equity and good conscience – CONCURRING JUDGMENT – broad statutory discretion – no presumption against non-publication – evidence is not necessary – open justice is relevant but is not the starting point – access to justice, tikanga and other values are also relevant – ORDERS – challenge succeeds and permanent non-publication ordered.