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Talley’s Group Ltd v WorkSafeNew Zealand - [2019] 2 NZLR 198

$30.00

Court of Appeal Wellington
CA316/2017; CA335/2017; [2018] NZCA 587
23 April; 14 December 2018
Cooper, Winkelmann and Williams JJ
Criminal law — Practice and procedure — Validity of charging document — Charge under Health and Safety in Employment Act 1992 of failing to take all practicable steps to prevent employee exposure to workplace hazard — Validity of charging document — Charging document required to include particulars of practicable steps — Defective charging document not a nullity where there were particulars of time, place and means of charge — Whether defect one of form only — Whether s 379 applied to save charging document — Whether flawed charging practice was so egregious as to undermine public confidence in integrity of judicial process — Health and Safety at Work Act 2015, ss 2A, 6, 50, 54B and 133.
Health and safety — Charge under Health and Safety in Employment Act 1992 of failing to take practicable steps to prevent employee exposure to workplace hazard — Validity of charging document — Charging document required to include particulars of practicable steps — Defective charging document a nullity where there were particulars of time, place and means of charge — Whether defect one of form only – Whether s 379 applied to save charging document — Whether flawed charging practice was so egregious as to undermine public confidence in integrity of judicial process — Health and Safety at Work Act 2015, ss 2A, 6, 50, 54B and 133.
Practice and procedure — Appeals to Court of Appeal — Applications for leave to appeal — Whether issues raised in appeals concerned matters of general or public importance — Criminal Procedure Act 2011, ss 16 and 223.

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