Appellate judgments 2026
Supreme Court
Court of Appeal
[2026] NZCA 147 Maritime Union of New Zealand Incorporation v Lyttelton Port Company Limited [PDF, 219 KB](Judgment of the Court, 29 April 2026) APPLICATION FOR LEAVE TO APPEAL – proposed appeal falls outside scope of s 214(1) Employment Relations Act 2000 – applicant alleges Judge misapplied interpretative principles in construing collective agreement – any such error must extend beyond the particular agreement in issue – proposed argument focused on close textual analysis of specific clauses – no comparable clauses or question of principle identified – no question of general or public importance – application dismissed
[2026] NZCA 84 VXO v Health New Zealand [PDF, 153 KB] EXTENSION OF TIME – APPLICATION FOR LEAVE TO APPEAL – extension of time granted – issues advanced are largely to do with the respondent’s conduct, not the Judge’s decision – are of personal but not public importance – dispute findings on the evidence, not the application of law – application of law was orthodox – application for leave to appeal dismissed
[2026] NZCA 33 Breen v Prime Resources Co Ltd [PDF, 375 KB]. APPEAL - JURISDICTION - Employment Court found that it was jurisdictionally barred from awarding remedies because the claim was a "dispute", not a "grievance" - detailed history of distinction between dispute and grievance discussed - jurisdictional bar only applies when the issue "solely" arises because of a "dispute" - question is whether the claim turns entirely on a finding about the correctness or otherwise of the employer's genuine interpretation of a provision - employer's calculation method in this case was extraneous to the clause in dispute, being a unilateral decision made without consultation on the basis of a factual assumption - no jurisdictional bar - appeal allowed - matter remitted to Employment Court.
[2026] NZCA 20 Dowlut v Aurecon NZ Ltd [PDF, 202 KB] APPLICATION FOR LEAVE TO APPEAL – judgment set out correct legal principles and was cognisant of matters raised in the questions of law identified by the applicant – application dismissed
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