14 Dec 2018
TALLEY’S GROUP LIMITED v WORKSAFE NEW ZEALAND [2018] NZCA 587
- Citation
- [2018] NZCA 587
- Court
- Court of Appeal
A charging document that omits particulars of the practicable steps relied upon under s 6 HSEA is defective but not necessarily a nullity; where the charging document discloses time, place and the essence of the offence and particulars sufficient to avoid a miscarriage of justice were supplied with the charging document (here, by the summary of facts served 1 December 2015), s 379 CPA cures the defect; further expansion of particulars after service and after the limitation period requires court amendment under s 133 and does not justify a stay absent miscarriage or abuse of process.