Bankside barristers Matanuku Mahuika and Polly Pope, and employed barrister Nadia Murray-Ragg, have been involved in a landmark supreme court judgment delivered on Tuesday 9 December 2025, that reaffirms the employment status of family carers of adult disabled children.
The judgment concerns cases brought by Christine Fleming and Peter Humphreys, who each care for adult disabled family members in their family homes.
New Zealand’s employment statutes have long recognised a class of vulnerable “homeworkers” should have legal status as employees. This allows homeworkers to access various legal protections including entitlements to minimum wage and holiday pay.
Ms Fleming and Mr Humphreys each brought proceedings in the Employment Court claiming they were “homeworkers” and employees of the Ministry of Health. The Employment Court found in their favour, but on appeal the Court of Appeal found that Ms Fleming had never been an employee of the Ministry, and that Mr Humphries had only been an employee during the period he was receiving funding under the Funded Family Care scheme (and not its replacement, Individualised Funding).
The Supreme Court upheld Ms Fleming and Mr Humphreys’ appeals. The Supreme Court addressed the correct approach to the definition of a “homeworker”, and further considered the meaning of “work” in the context of a homeworker working overnight in the home.
Matanuku was part of the team acting for Ms Fleming in the Supreme Court (with Paul Dale KC and Mark Jeffries), whilst Polly and Nadia appeared for Aotearoa Disability Law Inc (with Kylie Dunn of Smith Dunn). ADL were granted leave to intervene in the appeal.
Further Reading
Ngā Kōti o Aotearoa Courts of New Zealand judgment, 9 December 2025
NZ Herald, 9 December 2025
RNZ, 9 December 2025
Stuff, 9 December 2025
RNZ, 29 April 2025
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