New Zealand Air Line Pilots' Association Inc v Air New Zealand Limited

IN THE SUPREME COURT OF NEW ZEALAND

SC 48/2016
[2016] NZSC 84

BETWEEN	NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INCORPORATED Applicant
AND	AIR NEW ZEALAND LIMITED Respondent

Court:	Glazebrook, OʼRegan and Arnold JJ
Counsel:	R E Harrison QC and R R McCabe for Applicant J G Miles QC, P A Caisley and S R Worthy for Respondent
Judgment:	13 July 2016

JUDGMENT OF THE COURT

ALeave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131).
BThe approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?

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Solicitors:
New Zealand Air Line Pilots’ Association Incorporated, Manukau for Applicant
Kiely Thompson Caisley, Auckland for Appellant

CaseChat Overview and Summary

The Supreme Court of New Zealand considered an application for leave to appeal from the New Zealand Air Line Pilots’ Association Incorporated against Air New Zealand Limited. The applicants sought to appeal a decision of the Court of Appeal which had dismissed their appeal on the grounds of jurisdiction. The primary issue before the Supreme Court was whether the Court of Appeal was correct in dismissing the appeal for lack of jurisdiction.

The Supreme Court examined the question of whether the Court of Appeal had erred in finding that it lacked jurisdiction to hear the appeal. The applicants argued that the Court of Appeal should have considered the merits of the case despite the jurisdictional challenge. The respondents contended that the jurisdictional issue was correctly decided and that the appeal should have been dismissed as the Court of Appeal did not have the authority to hear the matter. The Court needed to determine whether there was a basis for the Court of Appeal to have jurisdiction over the appeal and if the jurisdictional issue warranted further examination.

In granting leave to appeal, the Supreme Court held that the approved question should focus on whether the Court of Appeal was correct in dismissing the appeal for lack of jurisdiction. The Supreme Court found that the issue of jurisdiction was significant enough to warrant reconsideration, and thus, the Court of Appeal should have addressed the merits of the jurisdictional challenge before dismissing the appeal. The Court concluded that there was merit in the applicants' argument that the jurisdictional issue should have been properly examined, leading to the grant of leave to appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established