Appellate judgments 2026

Supreme Court

Court of Appeal

[2026] NZCA 84 VXO v Health New Zealand [PDF, 153 KB] EXTENSION OF TIME – APPLICATION FOR LEAVE TO APPEAL – extension of time granted – issues advanced are largely to do with the respondent’s conduct, not the Judge’s decision – are of personal but not public importance – dispute findings on the evidence, not the application of law – application of law was orthodox – application for leave to appeal dismissed

[2026] NZCA 33 Breen v Prime Resources Co Ltd [PDF, 375 KB]. APPEAL - JURISDICTION - Employment Court found that it was jurisdictionally barred from awarding remedies because the claim was a "dispute", not a "grievance" - detailed history of distinction between dispute and grievance discussed - jurisdictional bar only applies when the issue "solely" arises because of a "dispute" - question is whether the claim turns entirely on a finding about the correctness or otherwise of the employer's genuine interpretation of a provision - employer's calculation method in this case was extraneous to the clause in dispute, being a unilateral decision made without consultation on the basis of a factual assumption - no jurisdictional bar - appeal allowed - matter remitted to Employment Court.

[2026] NZCA 20 Dowlut v Aurecon NZ Ltd [PDF, 202 KB] APPLICATION FOR LEAVE TO APPEAL – judgment set out correct legal principles and was cognisant of matters raised in the questions of law identified by the applicant – application dismissed

This page was last updated: 25th March 2026