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Accident Compensation Cases

DEF v Accident Compensation Corporation (HRRT, 03/03/14)

Judgment Text

DECISION OF CHAIRPERSON ON APPLICATION FOR INTERIM ORDERS PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE PLAINTIFF AND OF THE SECOND DEFENDANT 
Mr RPG Haines QC Chairperson
Introduction 
[1]
By Minute issued on 13 February 2014 an interim order was made that the name of the plaintiff not be published. It was also recorded that the second defendant had foreshadowed that she too would be seeking interim name suppression. That application has now been filed. The purpose of this decision is twofold: 
[1.1]
To confirm the interim non-publication order made in relation to the plaintiff and to assign to her the alphabet letters by which she is to be known in these proceedings. 
[1.2]
To address the second defendant's application. 
The plaintiff 
[2]
For the reasons given in the Minute dated 13 February 2014 an order has been made pursuant to ss 95 and 107 of the Human Rights Act 1993 that publication of the name or any details leading to the identification of the plaintiff to these proceedings be prohibited pending further order of the Tribunal. The terms of that order are confirmed at the end of this decision along with the alphabet letters by which the plaintiff is to be identified. 
The second defendant 
[3]
The application by the second defendant for interim name suppression and the supporting evidence is not materially different to that filed in the related proceedings in HRRT016/2013 in which ACC and the second defendant are again the two defendants. In those proceedings the second defendant has been granted interim name suppression. See VUW v Accident Compensation Corporation (Interim Non-Publication Orders) [2014] NZHRRT 7Has Litigation History which is not known to be negative[Blue]  (20 February 2014). 
[4]
Because the reasons for the making of that suppression order apply equally to the present proceedings, the application is granted. The terms of the formal order follow below. 
Formal Orders 
[5]
Pursuant to ss 95 and 107(3)(b) of the Human Rights Act 1993 and s 89 of the Privacy Act 1993 the following orders are made: 
[5.1]
Publication of the name and occupation or of any other details which might lead to the identification of the plaintiff in these proceedings is prohibited pending further order of the Tribunal or of the Chairperson. During the operation of this order the plaintiff is to be referred to as DEF. 
[5.2]
Publication of the name and occupation or of any other details which might lead to the identification of the second defendant in these proceedings is prohibited pending further order of the Tribunal or of the Chairperson. During the operation of this order the second defendant is to be referred to as KLM. 
[5.3]
There is to be no search of the Tribunal file without leave of the Tribunal or of the Chairperson. 

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