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  23. [2014] NZEmpC 92 H v A Ltd [PDF, 263 KB]

    Judgments of the Full Court PROCEDURE – NON-PUBLICATION – Challenge to interim determination of Authority refusing to grant non-publication order in respect of plaintiff’s identity – Alleged that publication of plaintiff’s name would likely have adverse effect on plaintiff’s family, particularly the plaintiff’s son – Whether challenge to determination refusing non-publication a matter of “procedure” and therefore barred under s 179(5) of the Employment Relations Act 2000 – Policy underlying s 179(5) is to enable Authority to settle matters with limited judicial intervention – Balance to be struck with access to justice considerations – Authority’s determination has substantive effect which cannot otherwise be remedied on a challenge or by way of review – Challenge not barred – Whether interim non-publication orders should be granted – (Minority) Grant of non-publication order requires exceptional circumstances, evidence provided by plaintiff as to well-being of child falls short of dis…