Mawson v Auckland Area Health Board - [1991] 3 NZLR 599

Statutes — Interpretation — Ministerial determination relating to conditions of employment — Determination made pursuant to statutory authority — Effect of repeal of statute under which determination made — Whether determination continued in force after repeal of enabling statute — Whether s 12 of the Health Service Personnel Act 1983 contained a "corresponding provision" within the meaning of s 20A of the Acts Interpretation Act 1924 - Whether ministerial determination "superseded" by determination under State Services Conditions of Employment Act 1977 - Acts Interpretation Act 1924, s 20A - Hospitals Act 1957, s 52 - Health Service Personnel Act 1983, s 55, fourth schedule — Health Service Personnel Amendment Act 1985 (No 2), s 7 - State Services Conditions of Employment Act 1977.

Contract — Interpretation — Ministerial determination pursuant to statutory authority — Determination incorporated as term of contract of employment — Whether term of contract of employment remained in force after expiry of determination — Whether determination express term of contract of employment — Whether determination implied term of contract of employment.

Equity — Estoppel — Ministerial determination incorporated into contract of employment — Whether representations by employer as to ministerial determination operated as an estoppel against employer — Whether effect of representations continued after cessation of legal obligation to incorporate determination as term of contract of employment — Whether representations could constitute cause of action based on estoppel.

Damages — Compensatory — Whether compensatory damages available for mental stress etc in context of employment contract.

Damages — Exemplary — Whether exemplary damages available in context of employment contract.