Waikato District Health Board v New Zealand Nurses Organisation [2016] NZCA 488 (7 October 2016)

Last Updated: 18 October 2016

IN THE COURT OF APPEAL OF NEW ZEALAND
CA389/2016 [2016] NZCA 488
BETWEEN	WAIKATO DISTRICT HEALTH BOARD Appellant
AND	NEW ZEALAND NURSES ORGANISATION Respondent

Hearing:	3 October 2016
Court:	Harrison, Asher and Brown JJ
Counsel:	P David QC for Appellant R E Harrison QC for Respondent
Judgment:	7 October 2016 at 9 am

JUDGMENT OF THE COURT

1. The application for leave is granted.
2. The question of law for determination by this Court is:

Did the Employment Court err in law in exercising its power under cl 5 of Sch 3 to the Employment Relations Act 2000 to order a rehearing of the New Zealand Nurses Organisation’s challenge which had been dismissed by a final judgment of the Court?

100. C There will be no order for costs on the application for leave given that the respondent’s opposition was reasonable.

Solicitors:
Chen Palmer, Auckland for Appellant