Source: Radio New Zealand
A sign which welcomes people to Gloriavale Christian Community. (File photo) RNZ / Jean Edwards
The Employment Court has ruled the Labour Inspector must release advice it received from Crown Law about the employment status of people at Gloriavale.
The leaders of the community were appealing a decision which found members were employees, rather than community volunteers.
The Gloriavale defendants said the Labour Inspectors’ action came too late because the breaches were, or should have been, known after investigations in 2017 and 2021.
Under the law the Labour Inspector must apply for a penalty within 12 months of the breach becoming known to it.
On the first day of the employment hearing in November 2025 the counsel for the Labour Inspector referred to advice from Crown Law in 2021 which said the workers were not employees, and that the Inspector could not act contrary to that.
The Gloriavale defendants and the plaintiffs say that in referring to the Crown Law advice the Labour Inspector waived privilege for that advice.
This had been opposed by the Labour Inspector.
In her decision Chief Judge Christina Inglis said Labour Inspector was trying to use the advice to justify the delay, while also saying the advice was privileged, thereby avoiding having that justification scrutinised.
The Judge said the Labour Inspector had the power to initiate proceedings against Gloriavale in 2021 but elected not to.
“It appears, from counsel’s submission in Court, that the Crown Law advice was a factor influencing that decision. Consequently, it is linked to the central issue of the Labour Inspector’s delay and whether it can be justified for the purposes of resolving the question as to when the clock started to tick for limitation purposes.”
The Judge said she found the privilege in the 2021 Crown Law advice had been waived, and the Labour Inspector has to disclose it to the defendants and plaintiffs in the Gloriavale employment case within five working days.
The Labour Inspector could appeal the order if it considers it appropriate.
Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
