2026 Decisions of public interest
2026 Decisions of public interest
[2026] NZEmpC 178 Courage & Ors v The Attorney-General & Ors [PDF, 406 KB] (Judgment of Chief Judge Christina Inglis, 12 August 2026) JUDICIAL REVIEW – challenge to Labour Inspectorate decisions to take no further action regarding Gloriavale Community in 2017 and 2021 – whether investigative discretion is justiciable – relevance of resource constraints – context of fundamental human rights and child labour allegations requires anxious scrutiny rather than judicial restraint – error of law – Labour Inspectors misunderstood statutory threshold for jurisdiction – Labour Inspector does not require proof of employment on balance of probabilities before investigating – failure to have regard to mandatory relevant consideration – failure to investigate position of children – irrationality and manifest unreasonableness – reliance on signed partnership agreements despite evidence of absolute control and duress – failure of administrative duty to adequately inform themselves – application succeeds – reviewable errors established – remedies to be determined at reconvened hearing
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