Supreme Court case information

Civil Appeal - Application for leave to bring an appeal

A The application for leave to appeal is dismissed.
B There is no order as to costs.
28 April 2026

Civil Appeal - Application for leave to bring an appeal

Civil Appeal 

A Leave to appeal is granted (Chief Executive of Ministry of Business, Innovation, and Employment v Hairland Holdings Ltd [2025] NZCA 219).
B The approved question is whether the Court of Appeal was correct to allow the appeal on the basis that the Employment Relations Authority does not have jurisdiction to hear an application, brought by a purported employer against the Chief Executive of the Ministry of Business, Innovation and Employment, the Labour Inspector and/or its workers, for a bare declaration that its workers are not employees under s 6(1) of the Employment Relations Act 2000.
1 October 2025

Civil appeal - Application for leave to bring an appeal

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500
30 September 2025

Civil Appeal - Application for leave to bring an appeal

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
1 December 2025

Civil Appeal

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 2024
_________________________________________________

A Ms Fleming’s appeal (SC 42/2024) is allowed. 
B The Employment Court declaration as to Ms Fleming’s  employee status is reinstated.
C The question of determination of the quantum of remedies  for Ms Fleming is remitted to the Employment Court.
D Mr Humphreys’ appeal (SC 44/2024) is allowed. 
E The Employment Court declaration as to Mr Humphreys’  employee status is reinstated.
F The first respondent must pay the appellant in SC 44/2024 costs of $50,000 plus usual disbursements. We allow for second counsel.
G Subject to Order F, costs in SC 42/2024 and SC 44/2024 are otherwise reserved. If parties cannot agree on costs, counsel are to file memoranda (maximum of 5 pages) on costs; counsel for Ms Fleming by 5 February 2026 and each of the respondents by 19 February 2026.
9 December 2025

Civil Appeal

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 2024
_______________________________________________________________
A Ms Fleming’s appeal (SC 42/2024) is allowed. 
B The Employment Court declaration as to Ms Fleming’s  employee status is reinstated.
C The question of determination of the quantum of remedies  for Ms Fleming is remitted to the Employment Court.
D Mr Humphreys’ appeal (SC 44/2024) is allowed. 
E The Employment Court declaration as to Mr Humphreys’  employee status is reinstated.
F The first respondent must pay the appellant in SC 44/2024 costs of $50,000 plus usual disbursements. We allow for second counsel.
G Subject to Order F, costs in SC 42/2024 and SC 44/2024 are otherwise reserved. If parties cannot agree on costs, counsel are to file memoranda (maximum of 5 pages) on costs; counsel for Ms Fleming by 5 February 2026 and each of the respondents by 19 February 2026.
9 December 2025