SC 42/2024 Christine Fleming v Attorney-General and Justin James Coote, and SC 44/2024 Peter Humphreys v Attorney-General - 42/2024 44/2024
Timestamps day 2:
Continuation of First Respondent’s submissions: 0:00:50
SC 44/2024 Appellant’s submissions: 1:13:50
Second respondents’ submissions: 2:37:45
First Respondent’s submissions: 3:03:40
SC 44/2024 Appellant’s reply submissions: 4:09:40
SC 42/2024 Appellant’s reply submissions: 4:20:10
SC 42/2024 Christine Fleming v Attorney-General and Justin James Coote, and SC 44/2024 Peter Humphreys v Attorney-General
Hearing | 30 April 2025
Wednesday 30 April 2025 at 10:00am
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Case details
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Summary
Civil AppealResult
A The application for leave to appeal by Ms Fleming is granted in part to the extent described below (Attorney-General v Fleming [2024] NZCA 92).
B The approved questions are whether the Court of Appeal was correct:
(i) to determine that Ms Fleming was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000; and
(ii) as to the test for “work” when work is conducted by homeworkers who work overnight in their home.
C The application for leave to appeal by Mr Humphreys is granted (Attorney-General v Fleming [2024] NZCA 92).
D The approved question is whether the Court of Appeal was correct to determine that Mr Humphreys was not “engaged, employed or contracted” by the Ministry of Health | Manatū Hauora as a “homeworker” under s 5 of the Employment Relations Act 2000 for the period from August 2020 onwards when in receipt of funding under the Individualised Funding scheme.
E Counsel in both appeals are asked to address the matters set out at [1]–[2] below.
4 October 2024Date of Hearing
29 April 2025 — 30 April 2025
Judges
Winkelmann CJ, Ellen France, Williams, Kós and Miller JJ
Case Synopses
Submissions from counsel
- Hearing date 29 30 April 2025 Appellant submissions (PDF 5.7 MB)
- Hearing date 29 30 April 2025 First respondent submissions (PDF 1010 KB)
- Hearing date 29 30 April 2025 Second respondent submissions (PDF 965 KB)
- Hearing date 29 30 April 2025 Intervener submissions (HRC) (PDF 301 KB)
- Hearing date 29 30 April 2025 Intervener submissions (ADL) (PDF 450 KB)
Hearing Transcripts
Related Documents
Employment Court decision — PETER HUMPHREYS v SIAN JIMENEZ HUMPHREYS [2021] NZEmpC 217 [8 December 2021]
Court of Appeal decision — ATTORNEY-GENERAL v CHRISTINE FLEMING [2024] NZCA 92 [9 April 2024]
Leave judgment - leave granted — FLEMING v ATTORNEY-GENERAL [2024] NZSC 132 [4 October 2024] (PDF 220 KB)
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Date of Hearing
29 April 2025 — 30 April 2025
Judges
Winkelmann CJ, Ellen France, Williams, Kos and Miller JJ