| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 336 |
| Determination date | 14 August 2014 |
| Member | A Fitzgibbon |
| Representation | J Tupaea ; P Wicks |
| Parties | Estate of Waepeke Ruihana Tupaea v Andrews Housemovers Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Original determination ordered payment to H on basis H in de facto relationship with employee at time of employee's death - Applicant claimed H subsequently convicted of defrauding ACC and not in de facto relationship with employee |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Test of de facto relationship different under Accident Compensation Act 2001 and Property (Relationships) Act 1976. Property (Relationships) Act 1976 applicable legislation. Application to reopen investigation declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Accident Compensation Act 2001;Accident Compensation Act 2001 s18A;Property (Relationships) Act 1976;Property (Relationships) Act 1976 s2D |
| Cases Cited | Estate of Tupaea v Andrews Housemovers Ltd [2011] NZERA Auckland 459 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_336.pdf [pdf 159 KB] |