ASG v HARLENE HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO [2016] NZSC 108

ASG v HARLENE HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO [2016] NZSC 108

The Supreme Court granted leave to appeal so that it can determine whether the disclosure breached s 200 of the Criminal Procedure Act 2011 and, if so, whether the respondent could lawfully rely on and use the disclosed information.

Source-derived case information.

Citation
[2016] NZSC 108
Parties
Applicant: ASG; Respondent: Harlene Hayne, Vice‑Chancellor of the University of Otago
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
18 August 2016
Procedural Posture
Supreme Court Appeal (leave to Appeal) / Leave to Appeal Granted; Appeal Remitted for Consideration of Approved Questions
Outcome
Leave to appeal granted.
Legal Topics
Section 200 Criminal Procedure Act 2011, Disclosure of Court Proceedings, Suppression Orders, Use of Disclosed Information by Third Parties
Criminal Procedure Privacy Evidence Employment Law Section 200 Criminal Procedure Act 2011 Disclosure of Court Proceedings Suppression Orders Use of Disclosed Information by Third Parties

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

ASG

Applicant

Harlene Hayne, Vice‑Chancellor of the University of Otago

Respondent

Procedural Posture

Supreme Court Appeal (leave to Appeal) / Leave to Appeal Granted; Appeal Remitted for Consideration of Approved Questions

Legal Issues

  1. 1 Did the disclosure to the respondent of information relating to the applicant's appearance in the District Court breach s 200 of the Criminal Procedure Act 2011?
  2. 2 If so, was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?

Ratio Decidendi

The Supreme Court granted leave to appeal so that it can determine whether the disclosure breached s 200 of the Criminal Procedure Act 2011 and, if so, whether the respondent could lawfully rely on and use the disclosed information.

Court Disposition

Leave to appeal granted.

Orders

  • Leave to appeal granted.
  • Approved questions for determination: (i) Did the disclosure to the respondent of information relating to the applicant's appearance in the District Court breach s 200 of the Criminal Procedure Act 2011? (ii) If so, was it nonetheless open to the respondent to rely on and use that information in relation to the...