Rasier Operations BV v E Tū Incorporated

Case [2025] NZSC 162


IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 105/2024
 [2025] NZSC 162
BETWEEN

RASIER OPERATIONS BV
First Appellant

UBER PORTIER BV
Second Appellant

UBER BV
Third Appellant

PORTIER NEW ZEALAND LIMITED
Fourth Appellant

RASIER NEW ZEALAND LIMITED
Fifth Appellant

AND

E TŪ INCORPORATED
First Respondent

FIRST UNION INCORPORATED
Second Respondent

Hearing:

8–9 July 2025

Court:

Winkelmann CJ, Glazebrook, Ellen France, Williams and Miller JJ

Counsel:

P F Wicks KC, K M Dunn, N L Walker and J A Tocher for Appellants
P Cranney, G Liu and E Griffin for Respondents

Judgment:

17 November 2025

JUDGMENT OF THE COURT

AThe appeal is dismissed.

BThe appellants must pay the respondents one set of costs of $50,000 plus usual disbursements.  We allow for second counsel.

____________________________________________________________________

REASONS

Para No
Winkelmann CJ, Williams and Miller JJ [1]
Glazebrook and Ellen France JJ [146]

WINKELMANN CJ, WILLIAMS AND MILLER JJ

(Given by Miller J)

Table of Contents

Para No

Introduction
The questions on appeal
Overview of this judgment
An overview of the Rides platform
The contracts and the parties to them
Terms and conditions of the Services Agreement and User Terms

Provisions purporting to define relationships
Drivers’ obligations with respect to work
Fares, service fees and other payments
Drivers’ capacity to refuse or cancel rides
Control of driver–rider communication
Terms on which riders are carried
Ratings
Discipline

The operation of the platform in practice

Onboarding
Drivers’ right to compete with Uber
The driver rating system

Drivers’ capacity to refuse or cancel rides, and the Uber Pro rewards programme

Disciplinary practices

All digital platforms are not the same
The Employment Relations Act 2000

Bryson v Three Foot Six Ltd
Did the Court of Appeal misinterpret Bryson?

What weight should be given to contractual statements about the parties’ relationship?

Inequality of bargaining power and s 6

Employee status in this case
Does Uber engage drivers to work for hire or reward?

Does Uber supply transport services to passengers?

Does Uber engage drivers to deliver the transport services it supplies to users?

Does Uber engage drivers under contracts of service?

Freedom to work for others
The right to subcontract performance
Basis of payment for work done
Provision of tools and equipment
Opportunity for profit and risk of loss
Goodwill
Work premises, uniforms and insignia
Control over performance
Disciplinary processes
Control, integration and the fundamental test: conclusions

Disposition

[1]
[6]
[11]
[16]
[25]
[28]
[29]
[34]
[39]
[42]
[44]
[45]
[46]
[47]
[49]
[50]
[51]
[56]

[59]
[62]
[65]
[67]
[70]
[74]

[78]
[87]
[94]
[97]
[98]

[110]
[115]
[122]
[125]
[126]
[129]
[130]
[133]
[134]
[136]
[141]
[142]
[144]

Introduction

  1. On behalf of four Uber drivers the respondent unions sought a declaration that the drivers are Uber’s employees; in the language of the Employment Relations Act 2000 (ERA), Uber hired them to do work for hire or reward under contracts of service.[1]  The drivers succeeded in the Employment Court and Court of Appeal.[2]

    [1]Employment Relations Act 2000 [ERA], s 6.…

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Details
AGLC
Rasier Operations BV v E Tū Incorporated [2025] NZSC 162
Case
[2025] NZSC 162
Decision Date

CaseChat Overview and Summary

In the Supreme Court of New Zealand, Uber appealed a decision by the Court of Appeal that held that Uber drivers were employees of Uber. The Court of Appeal had reversed a decision of the Employment Court that had held the drivers were independent contractors. The Supreme Court held that the Court of Appeal had misapplied the common law tests in deciding that the drivers were employees. The Supreme Court found that the drivers were independent contractors and dismissed the appeal. The Supreme Court also held that the drivers must pay the respondents' costs of $50,000 plus usual disbursements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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