7 Mar 2019
OCEANA GOLD (NZ) LTD v WORKSAFE NZ & CROPP LOGGING LTD v WORKSAFE NZ [2019] NZHC 365
- Citation
- [2019] 3 NZLR137
- Court
- High Court
The High Court held (1) sentencing courts have jurisdiction under s 32 to order reparation for loss consequential on physical harm in favour of victims who are immediate family of a deceased victim; (2) where the loss is loss of earnings the correct approach is the 'statutory shortfall' method — reparation is limited to the difference between the pecuniary benefit the victim would have received and ACC entitlements for the period ACC pays, not an open-ended actuarial award of lifetime earnings; (3) victim contributory conduct should not generally reduce employer reparation in the sentencing c…