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NOTE: THE SUPPRESSION ORDERS MADE IN THE EMPLOYMENT COURT ON 27 MAY 2014 AND 4 JUNE 2014, PROHIBITING PUBLICATION OF THE NAME AND ANY OTHER IDENTIFYING PARTICULARS OF APPELLANT, REMAIN IN FORCE.
IN THE SUPREME COURT OF NEW ZEALAND
SC 61/2016 [2017] NZSC 59
BETWEEN ASG
Appellant
AND
HARLENE HAYNE,
VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO Respondent
Hearing: 8 February 2017 Court:
William Young, Glazebrook, Arnold, OʼRegan and
Ellen France JJCounsel:
C R Carruthers QC and P Cranney for the Appellant
R E Harrison QC for the RespondentJudgment:
3 May 2017
JUDGMENT OF THE COURT
A The appeal is dismissed.
BThe appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).
REASONS
(Given by Ellen France J)
Table of Contents
Para No. Introduction [1] The statutory scheme [12] Did disclosure to the respondent breach s 200? [24] The legislative history [29]
ASG v HARLENE HAYNE, VICE-CHANCELLOR OF THE UNIVERSITY OF OTAGO [2017] NZSC 59 [3 May 2017]
The law reform process [37] The relevant jurisprudence [43] Discussion [66] Application to the present case [82] Result [89]
Introduction
[1] The primary issue on this appeal is whether the actions of the respondent, the Vice-Chancellor of the University of Otago, breached an order made under s 200 of the Criminal Procedure Act 2011 preventing “publication” of the appellant’s name and other details. The issue arises in this way.
[2] The appellant, ASG, is employed by the respondent as a campus security guard. Whilst in this employment he pleaded guilty to one count of wilful damage and another of assaulting a female. Both charges related to an incident with ASG’s wife, from whom he is now separated. ASG appeared before Judge Flatley in the District Court for sentencing on these charges in 2013. The Judge discharged ASG
without conviction on both charges.1 In addition, Judge Flatley made an order under
s 200 of the Criminal Procedure Act suppressing the respondent’s name and all details relating to ASG and the offending. Section 200(1) allows a Court to make an order “forbidding publication” of the name and other details of persons charged with, convicted or acquitted of an offence.
[3] As it happened, the Deputy Proctor of the University of Otago was in Court whilst ASG was being sentenced. He had been told, not by ASG, that ASG was being sentenced that day. The Deputy Proctor made notes during the hearing.
[4] Once the sentencing was completed, the Deputy Proctor sought some advice from a registry officer as to the implications of the suppression order. It was suggested he obtain legal advice, which he did. The University’s lawyer’s advice was that the suppression order did not encompass the bare communication of information to genuinely interested people on a one-to-one basis. The lawyer also
said there was a legitimate interest for an employer in the fact an employee had
1 Under ss…
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- ASG v Hayne [2017] NZSC 59
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- [2017] NZSC 59
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