Privilege
24 Privilege
Evidence of —
anything said or done; or
any communication, whether oral or written; or
any admission made,
in the course of, or for the purpose of, attempting to settle an employment dispute by mediation or a referral proceeding is to be taken to be in confidence and is not admissible in any proceedings before any court, tribunal or body unless subsection (4) applies.
Each of the following —
a document prepared in the course of, or for the purpose of, mediation or a referral proceeding;
a copy of such a document;
evidence of such a document,
is to be taken to be subject to a duty of confidence and is not admissible in any proceedings before any court, tribunal or body unless subsection (4) applies.
Subsections (1) and (2) do not apply to a proceeding to enforce a decision or direction of the IR Commission or a mediation settlement agreement.
Evidence or a document referred to in subsection (1) or (2) is admissible in proceedings if —
the parties to the mediation or referral proceeding consent to the admission of the evidence or document; or
there is a dispute in the proceedings as to whether the parties to the mediation or referral proceeding entered into a binding agreement settling all or any of their differences and the evidence or document is relevant to that dispute.
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