ASG V HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO CA703/2014 [2015] NZCA 115
The Court granted leave to appeal and identified two legal questions for determination: whether disclosure to an employer constitutes 'publication' under s200 of the Criminal Procedure Act 2011, and whether an employer may rely on information obtained contrary to a suppression order; those questions are certified...
Source-derived case information.
- Citation
- [2015] NZCA 115
- Parties
- Appellant: ASG; Respondent: Harlene Hayne, Vice-Chancellor of the University of Otago
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 15 April 2015
- Procedural Posture
- Appeal / Leave to Appeal Granted; Questions of Law Certified for Determination
- Outcome
- Leave to appeal granted; questions of law certified for determination by this Court
- Legal Topics
- S200 Criminal Procedure Act 2011, Disclosure to Employer, Suppression Order Breach, Use of Information Obtained Contrary to Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
ASG
Appellant
Harlene Hayne, Vice-Chancellor of the University of Otago
Respondent
Procedural Posture
Appeal / Leave to Appeal Granted; Questions of Law Certified for Determination
Legal Issues
- 1 Whether disclosure to an employer of information subject to a publication prohibition under s200 CPA 2011 constitutes a 'publication'
- 2 Whether an employer may rely on and use information obtained contrary to a suppression/publication order
Ratio Decidendi
The Court granted leave to appeal and identified two legal questions for determination: whether disclosure to an employer constitutes 'publication' under s200 of the Criminal Procedure Act 2011, and whether an employer may rely on information obtained contrary to a suppression order; those questions are certified for appellate determination.
Court Disposition
Leave to appeal granted; questions of law certified for determination by this Court
Orders
- Leave to appeal granted
- Questions of law for determination certified (see judgment)
Full Case Text
Judgment text and source record
1 paragraphs
ASG V HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO CA703/2014 [2015] NZCA 115 [15 April 2015]NOTE: THE CURRENT SUPPRESSION ORDERS MADE IN THEEMPLOYMENT COURT ON 4 JUNE 2014 HAVE BEEN CONTINUED INTHIS COURT.IN THE COURT OF APPEAL OF NEW ZEALANDCA703/2014[2015] NZCA 115BETWEEN ASGAppellantAND HARLENE HAYNE, VICE-CHANCELLOR OF THE UNIVERSITYOF OTAGORespondentTelephoneConference:Court:16 March 2015Ellen France P, Wild and White JJCounsel: P Cranney for AppellantR E Harrison QC for RespondentJudgment: 15 April 2015 at 3.30 pmJUDGMENT OF THE COURTA Leave to appeal against the judgment of the Full Court of the Employment Court in Hayne v ASG [2014] NZEmpC 208 is granted.B The questions of law for determination by this Court are:1. Did the Employment Court err in its judgment at [47]–[49] in its interpretation of s 200 of the Criminal Procedure Act 2011 in holding that, where an order forbidding publication of information has been made, it isnot a "publication" to make disclosure of that information to that person'semployer where the employer has a genuine interest in that information?2. If the answer to question 1 is Yes, was it nonetheless open to the employer, the Vice-Chancellor of the University of Otago, to rely on and use information obtained contrary to the order?C Costs are reserved.____________________________________________________________________Solicitors:Oakley Moran, Wellington for AppellantAndrew Lloyd, Dunedin for Respondent