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ASG v Harlene Hayne - SC 61/2016

Media releases

Summary

Civil appeal – Criminal procedure Act, s 200 – Whether the Court of Appeal erred in its interpretation of "publication" under s 200 – Was information relied on by the employer obtained contrary to an order made under s 200 and if so, does it matter.  [2016] NZCA 203   CA703/2014

Result

A Leave to appeal is granted (ASG v Hayne [2016] NZCA 203)
B The approved questions are:
(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?  And, if so
(ii) Was it nonetheless open to the respondent to rely on and use that information in relation to the applicant?
18 August 2016
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A The appeal is dismissed.
B The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
3 May 2017

Hearing Transcripts

Related Documents

Employment Court decision — HARLENE HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO v ASG NZEmpC CHRISTCHURCH [2014] NZEmpC 208 [11 November 2014

Court of Appeal decision — ASG v HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO [2016] NZCA 203 [16 May 2016]

Leave judgment - leave granted — ASG v HARLENE HAYNE, VICE - CHANCELLOR OF THE UNIVERSITY OF OTAGO [2016] NZSC 108 [18 August 2016 (PDF 112 KB)

Substantive judgment — ASG v HARLENE HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO [2017] NZSC 59 [3 May 2017 (PDF 227 KB)