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Culturesafe’s Judicial Review struck out 4 Oct - why isn’t the case online yet? By Tristam Price

Updated: Nov 5, 2021


Normally it takes less than a week for judgements to be uploaded to public databases including justice.govt.nz (Judicial Decisions Online) and courtsofnz.govt.nz.


It’s the same with the Employment Court and Employment Relations Authority’s websites – not less than three days after the parties have been notified, but rarely more than a week.


In August 2020 Allan Halse and his employment advocacy company Culturesafe NZ Ltd applied to the Court of Appeal for a Judicial Review of the ERA and Employment Court with regard to whether it was acting within its powers particularly in relation to enforcement against third parties.


Three weeks ago, on 4 October, the employer parties Bay of Plenty DHB, Turuki and RPW (an anonymised rest home) learned that they had succeeded in having that Judicial Review struck out, as we briefly reported the same day. Culturesafe does have the right to seek an appeal to the Supreme Court, and a recent Facebook post suggests that steps have been taken towards an appeal.


The Judicial Review applied for was objectively a reasonably significant event in the 21 year history of the Employment Relations Act 2000, and we don’t know whether the Court of Appeal has simply made a clerical omission, or a conscious decision not to publicise the strikeout.

Edit: 4 November 2021

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