THE SECRETARY FOR EDUCATION v NEW ZEALAND EDUCATIONAL INSTITUTE TE RIU ROA INC COA CA358/2012
Leave to appeal was granted and the Court approved the question of law: whether the Secretary for Education is properly named as the sole respondent when the Employment Relations Authority investigates NZEI claims for declaratory and compliance orders for alleged breaches of the Primary Teachers' Collective Agreement.
Source-derived case information.
- Citation
- COA CA358/2012
- Parties
- Applicant: THE SECRETARY FOR EDUCATION; Respondent: NEW ZEALAND EDUCATIONAL INSTITUTE TE RIU ROA INC
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 14 August 2012
- Procedural Posture
- Appeal to Court of Appeal / Leave to Appeal Application (leave Granted)
- Outcome
- Leave to appeal granted; approved question of law as stated; costs reserved.
- Legal Topics
- Proper Respondent, Employment Relations Authority Jurisdiction, Collective Agreement Breaches, Declaratory Orders, Compliance Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE SECRETARY FOR EDUCATION
Applicant
NEW ZEALAND EDUCATIONAL INSTITUTE TE RIU ROA INC
Respondent
Procedural Posture
Appeal to Court of Appeal / Leave to Appeal Application (leave Granted)
Legal Issues
- 1 Whether the Secretary for Education is properly named as the sole respondent in Employment Relations Authority proceedings brought by the NZEI seeking declaratory and compliance orders for alleged breaches of the Primary Teachers' Collective Agreement
Ratio Decidendi
Leave to appeal was granted and the Court approved the question of law: whether the Secretary for Education is properly named as the sole respondent when the Employment Relations Authority investigates NZEI claims for declaratory and compliance orders for alleged breaches of the Primary Teachers' Collective Agreement.
Court Disposition
Leave to appeal granted; approved question of law as stated; costs reserved.
Orders
- Leave to appeal granted.
- Approved question of law: whether the Secretary for Education is properly named as the sole respondent when the Employment Relations Authority investigates NZEI claims for declaratory and compliance orders for alleged breaches of the Primary Teachers' Collective Agreement.
Full Case Text
Judgment text and source record
1 paragraphs
THE SECRETARY FOR EDUCATION v NEW ZEALAND EDUCATIONAL INSTITUTE TE RIU ROA INC COA CA358/2012 [14 August 2012]IN THE COURT OF APPEAL OF NEW ZEALANDCA358/2012[2012] NZCA 365BETWEEN THE SECRETARY FOR EDUCATIONApplicantAND NEW ZEALAND EDUCATIONALINSTITUTE TE RIU ROA INCRespondentCourt: Harrison, Wild and White JJCounsel: J C Holden for ApplicantP Cranney for RespondentJudgment: 14 August 2012(On the papers)JUDGMENT OF THE COURTA Leave to appeal is granted.B The approved question of law is whether the Secretary for Education is properly named as the sole respondent when the Employment Relations Authority investigates claims of the NZEI for declaratory and compliance orders for alleged breaches by the Secretary of the PrimaryTeachers' Collective Agreement.C Costs are reserved.Solicitors:Crown Law Office, Wellington for ApplicantOakley Moran, Wellington for Respondent