Waikato District Health Board v New Zealand Nurses Organisation

[2016] NZCA 488

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

AThe application for leave is granted.

BThe 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?

CThere 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