2026 Decisions of public interest

[2026] NZEmpC 240 Labour Inspector v Top Produce Ltd and Bhatia v Khanna [PDF, 305 KB] (Judgment of the full Court, 8 October 2026) PRELIMINARY ISSUE OF LAW – EMPLOYMENT PREMIUMS – prohibition applies to premiums sought or received overseas for employment in New Zealand – relevant connection is the New Zealand employment relationship rather than the location of the transaction – protective purpose of legislation and international labour and human rights obligations – Mehta not followed – receipt by a person acting on an employer’s behalf is equivalent to receipt by the employer – whether defendants breached section 12A remains for determination in substantive proceedings. Media Release [PDF, 239 KB]

[2026] NZEmpC 178 Courage & Ors v The Attorney-General & Ors [PDF, 406 KB] (Judgment of Chief Judge Christina Inglis, 12 August 2026) JUDICIAL REVIEW – challenge to Labour Inspectorate decisions to take no further action regarding Gloriavale Community in 2017 and 2021 – whether investigative discretion is justiciable – relevance of resource constraints – context of fundamental human rights and child labour allegations requires anxious scrutiny rather than judicial restraint – error of law – Labour Inspectors misunderstood statutory threshold for jurisdiction – Labour Inspector does not require proof of employment on balance of probabilities before investigating – failure to have regard to mandatory relevant consideration – failure to investigate position of children – irrationality and manifest unreasonableness – reliance on signed partnership agreements despite evidence of absolute control and duress – failure of administrative duty to adequately inform themselves – application succeeds – reviewable errors established – remedies to be determined at reconvened hearing

This page was last updated: 09th October 2026