4 May 2015
ATTORNEY-GENERAL ON BEHALF OF THE MINISTRY OF HEALTH V MARGARET SPENCER CA736/2013 [2015] NZCA 143
- Citation
- [2015] 3 NZLR 449
- Court
- Court of Appeal
The Court dismissed the appeal: the Tribunal's declaration that the Atkinson policy was unlawful bound the Crown and could not be rendered lawful by a Tribunal suspension; s 92O permits temporal deferral of remedies but not alteration of a substantive finding of unlawfulness; Part 4A (pt 4A) operates prospectively and does not retrospectively validate the Atkinson blanket non-payment policy nor bar Mrs Spencer from joining the Atkinson proceedings; the Ministry acted unlawfully in declining Mrs Spencer's application; s 70G preserves the Atkinson proceedings and does not extinguish joinder rig…
- Discrimination
- Family care policy
- Retrospectivity
- Declaration of inconsistency
- Suspension/stay of remedies
- Savings provisions