Hairland Holdings Ltd v Chief Executive of the Ministry of Business, Innovation and Employment
[2025] NZSC 129
•1 October 2025
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 62/2025 [2025] NZSC 129 |
| BETWEEN | HAIRLAND HOLDINGS LIMITED |
| AND | CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT |
| Court: | Ellen France, Williams and Kós JJ |
Counsel: | T P Cleary and P H Fisher for Applicant |
Judgment: | 1 October 2025 |
JUDGMENT OF THE COURT
ALeave to appeal is granted (Chief Executive of Ministry of Business, Innovation, and Employment v Hairland Holdings Ltd [2025] NZCA 219).
BThe 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.
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Solicitors:
Clancy Fisher Oxner & Bryant, Tokoroa for Applicant
G R La Hood, Ministry of Business, Innovation and Employment | Hīkina Whakatutuki, Wellington for Respondent
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