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Accident Compensation Cases

VUW v Accident Compensation Corporation (HRRT, 11/08/14)

Judgment Text

DECISION OF TRIBUNAL VARYING NON-PUBLICATION ORDER RELATING TO PLAINTIFF 
Mr RPG Haines QC Chairperson, Mr GJ Cook JP Member, Mr BK Neeson Member
The non-publication orders affecting the plaintiff 
[1]
In a decision given on 13 June 2014 the Tribunal made the following non-publication orders in favour of the plaintiff: 
[21.4.1]
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. 
[21.4.2]
[21.4.3]
There is to be no search of the Tribunal file without leave of the Tribunal or of the Chairperson. ”
[2]
In the circumstances about to be explained it has become necessary for the first order to be varied. 
Background 
[3]
The factual issues in this case are virtually identical to those in HRRT031/2013, being proceedings in which a different plaintiff is involved. 
[4]
By Minute dated 5 August 2014 the Chairperson made an order pursuant to Regulation 16 of the Human Rights Review Tribunal Regulations 2002 that the separate proceedings in HRRT016/2013 and HRRT031/2013 are to be heard, determined or otherwise dealt with together on the grounds that they arise out of the same circumstances, relate to the same defendant and the right to relief in them is alleged to arise out of the same transaction or same series of transactions. 
[5]
Such order now necessitates the disclosure of the identity of the plaintiff in the present proceedings (HRRT016/2013) to the plaintiff in the other proceedings (HRRT031/2013). Presently the non-publication order made by the Tribunal on 13 June 2014 inhibits such disclosure. 
[6]
As the plaintiffs in the two proceedings have separately consented to the disclosure of their names to each other (and to their legal advisors, if any) we accordingly vary the non-publication order of 13 June 2014 to allow such disclosure to take place. 
Decision 
[7]
For the foregoing reasons the decision of the Tribunal is that the non-publication order made on 13 June 2014 is to be varied and is now to be expressed in the following terms: 
[7.1]
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. Such order does not, however, prohibit publication to the plaintiff in HRRT031/2013 or to her legal advisors. 
[7.2]
There is to be no search of the Tribunal file without leave of the Tribunal or of the Chairperson. 

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