Appellate judgments 2024
Supreme Court
[2024] NZSC 143 Halse v Rangiura Trust Board & Others [PDF, 176 KB]
[2024] NZSC 132 Christine Fleming v Attorney-General and Anor, Peter Humphreys v Attorney-General [PDF, 220 KB] - APPLICATION FOR LEAVE TO APPEAL – application granted.
[2024] NZSC 98 Halse v Employment Court of New Zealand [PDF, 200 KB] - APPLICATION FOR LEAVE TO APPEAL – no question of general or public importance – application dismissed.
[2024] NZSC 90 Pilgrim v Temple Ors [PDF, 185 KB] -APPLICATION FOR LEAVE TO APPEAL – whether it was wrong in law for the Court of Appeal to grant leave to appeal – no risk of miscarriage of justice – no general or public importance – application declined.
Court of Appeal
[2024] NZCA 403 Rasier Operations BV And Ors v E Tu Incorporated And Anor [PDF, 5.3 MB] - SECTION 6 – whether Uber drivers are employees – Employment Court decision misdirected itself on correct approach to s 6 interpretation – real nature of relationship was one of employment – appeal dismissed.
[2024] N ZCA 386New Zealand Steel Ltd v E Tū Incorporated (Mismo)(Civ) [PDF, 170 KB] - APPLICATION FOR LEAVE TO APPEAL – potential error in contractual interpretation principles is of general and public importance – application granted.
2024 NZCA 382 Minister of Education v Cronin-Lampe [PDF, 203 KB] - APPLICATION FOR EXTENSION OF TIME – APPLICATION FOR LEAVE TO APPEAL – unusual circumstances favour granting extension of time – general or public importance because of large size of award – application granted.
[2024] NZCA 325 Speed v Board of Trustees of Wellington Girls' College [PDF, 145 KB] - APPLICATION FOR JUDICIAL REVIEW OF DEPUTY REGISTRAR – application declined.
[2024] NZCA 263 H v RWP and Ors [PDF, 286 KB] - SENIOR COURTS ACT, S 166 ORDER – appeal against order restricting applicant from commencing or continuing civil proceedings – applicant made several claims that were totally without merit – there was jurisdiction to make s 166 order – appeal dismissed.
[2024] NZCA 242 Maheta v Griggs [PDF, 164 KB]APPLICATION FOR LEAVE TO APPEAL – no question of general or public importance – application declined.a href="/assets/Documents/Decisions/2024-NZCA-232-Halse-v-Employment-Relations-AuthorityRangiura-Trust-Board-and-Anor-v2.pdf">[2024] NZCA 232 Halse v Employment Court of NZ and OrsAPPLICATION FOR STAY – judicial review proceedings stayed until appeal concluded.
[2024] NZCA 223 Breen v Prime Resources Co Ltd [PDF, 184 KB] - APPLICATION FOR LEAVE TO APPEAL – interpretation of s 103(3) is of general and public importance – application granted.
[2024] NZCA 203 Turner v Te Whatu Ora - Health New Zealand, Wairarapa (Formerly Wairarapa District Health Board) [PDF, 241 KB] APPLICATION FOR LEAVE TO APPEAL – no question of law of general or public importance – not seriously arguable that the Employment Court erred on the New Zealand Bill of Rights Act 1990 question – other grounds were questions of fact and no questions of law arise – application declined.
[2024] NZCA 147 Temple, Valour and Ors v Pilgrim, Courage and Ors [PDF, 108 KB]- APPLICATION FOR LEAVE TO APPEAL – no important issues of law identified – application declined.
[2024] NZCA 139 Birthing Centre Limited v Rebekah Matsas and Ors [PDF, 298 KB] - APPLICATION FOR LEAVE TO APPEAL – no important issues of law identified – application declined.
[2024] NZCA 96 Caisteal AN Ime v A Labour Inspector of the Ministry of Business, Innovation and Employment [PDF, 225 KB] - APPLICATION FOR LEAVE TO APPEAL – no question of law of general or public importance – application declined.
[2024] NZCA 92 Attorney General v Fleming and Ors (external link) - SECTION 6 – whether family carer was “homeworker” – Employment Court misinterpreted s 6(2) and the nature of obligations owed by the State to the care of disabled people – first applicant was not a homeworker – second applicant was homeworker temporarily – nature of overnight work is different if work is in worker’s own residence – Employment Court erred in finding personal grievance – cross-appeal dismissed
[2024] NZCA 19 Mount Cook Airline Limited v E Tū Incorporated [PDF, 431 KB] MINIMUM WAGE ORDER – how minimum wage order applies to part-time salaried employees – Employment Court incorrectly interpreted cl 4 of Minimum Wage Order – appeal allowed.