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Chief Executive of Oranga Tamariki v Kennedy [2020] NZDC 16975

Published 21 September 2021

Application to register decision — non-publication order — Employment Relations Authority — "to file" — notice of callover — natural justice — Employment Relations Act 2000, s 141 — District Court Rules 2014, rr 1.4 & 1.11. The applicant, Oranga Tamariki, applied to register a decision of the Employment Relations Authority ("the Authority") as a District Court judgment. The Authority had made non-publication orders in respect of name of witnesses; names of employees or former employees alleged by the respondent to have bullied her; and any pleadings filed. The purpose of registering a decision of the Authority was to give it the enforceability of a District Court order. Under s 141 of the Employment Relations Act ("ERA") there was no discretion not to register a decision if an application had been made. Accordingly, the decision had been registered. The respondent took exception to this on the basis that she had not been notified of the application. A different judge issued a Minute noting that not notifying her of the application amounted to a breach of natural justice, and that a callover should be scheduled so that the respondent could be heard on the matter, notwithstanding that the same outcome would eventuate. The Judge agreed with the conclusion that there was no right of opposition in the registration of an order, as it was an administrative act rather than one arising from judicial discretion. The process of "filing" was defined in r 1.4 of the District Court Rules. The Judge granted Oranga Tamariki's application and directed that the decision of the Authority be accepted for filing by the Registrar of the Court. Judgment Date: 25 August 2020.

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