Uber loses Supreme Court appeal over drivers’ employment status

Source: Radio New Zealand

Jomon Perumayan Joseph was caught with a stun gun on the dashboard of his Uber vehicle. NZME

The Supreme Court has thrown out Uber’s appeal against treating drivers as employees.

It comes after a group of four Uber drivers took the ride-sharing company to the Employment Court in 2022 over their employment status.

They argued that drivers should be considered employees rather than contractors and be entitled to benefits such as leave entitlements, holiday pay and a minimum wage.

The Employment Court ruled in favour of the drivers, which Uber appealed unsuccessfully at the Court of Appeal in 2024.

Uber then appealed that decision at the Supreme Court, where on Monday five justices unanimously voted to throw out the appeal yet again.

“Uber offers a rider the fare for the trip and the rider accepts that offer. Neither drivers nor riders can effectively select one another, and they are practically anonymous vis-à-vis one another throughout the entire transaction,” a written summary of the court’s decision said.

“Uber earns its revenues by charging riders for trips, and resolves any difficulties which might arise during each trip. A passenger could not reasonably be expected to think they were contracting with the driver when they got into the car.”

Workers First Union, which represented the drivers alongside E tū, celebrated the decision.

“It hasn’t been easy, but it has absolutely been worth it,” deputy secretary Anita Rosentreter said in a statement.

She called for Minister of Workplace Relations and Safety Brooke van Velden to axe her Employment Relations Amendment Bill, which would exclude specified contractors from being able to test their employment status as the four Uber drivers did.

“It would show maturity from Brooke van Velden if she were to take a moment to reflect on the Supreme Court’s judgement and consider that New Zealanders will not accept exploitation under the illusion of ‘flexibility’ or ‘certainty’,” Rosentreter said.

Uber’s general manager for New Zealand, Emma Foley, expressed disappointment in the Supreme Court’s findings.

“Independent contracting is a cornerstone of not just Uber but also our broader economy – from tradespeople and creatives to IT consultants and health professionals – and hundreds of thousands of Kiwis value the freedom and control it provides,” she said in a statement.

“While the implications of this decision could be far reaching, for now this decision relates to only four drivers and delivery partners, and Uber and Uber Eats will continue to operate as normal.”

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Person rushed to hospital after medical event at BestStart in Christchurch

Source: Radio New Zealand

ST JOHN NZ

A person was taken to hospital in a serious condition after a medical event at a Christchurch childcare centre this morning.

St John says it sent an ambulance, a rapid response unit and an operations manager to a St Martins address at 11am on Monday.

A BestStart spokesperson confirmed an ambulance had been at its Huntsbury childcare centre due to a medical event.

One patient was taken to hospital in a serious condition.

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Man drowns at Riversdale Beach in Wairarapa

Source: Radio New Zealand

Police were called to Riversdale Beach at about 4pm on Thursday. captain_andrey

The death of a man who died at a Wairarapa beach has been referred to the Coroner.

Police were called to Riversdale Beach at about 4pm on Thursday when a man, in his 50s, was seen struggling in the water.

Police said he was brought to shore where CPR was performed.

“Despite best efforts by members of the public, the local surf club, and emergency services, sadly he was unable to be revived.”

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Residents challenge Wellington flight path changes as being unlawful

Source: Radio New Zealand

A judicial review is underway against Airways, the Director of Civil Aviation and Wellington Airport. 123RF

A judicial review is underway at the High Court in Wellington as residents from some northern suburbs challenge a flight path change which they say is unlawful.

A change to flight paths in December 2022 meant fewer departures over Newlands and more over Khandallah and Broadmeadows.

The changes were part of a system called the Divergent Missed Approach Protection System (DMAPS) which were introduced by Airways, New Zealand’s air navigation service provider, and approved by Wellington Airport.

Community group Plane Sense believes the implementation process wasn’t lawful or transparent, and that it didn’t properly consider community health, safety and well-being in the local environment.

Its brought a judicial review against Airways, the Director of Civil Aviation and Wellington Airport.

Committee member Roxy Steel said Plane Sense were asking the court to declare the DMAPS flight path invalid and reinstate the previous departure procedure.

“We’ve got community members who are telling us it’s impacting their sleep, impacting their children,” she said. “We’ve got residents who chose to live in these suburbs due to existing health conditions and this noise is impacting their recovery and their way of living at the moment.”

The group said it wasn’t initially consulted on and were taken by surprise by the changes. Consultation was later undertaken.

“The standard instrument departure tracks for jet aircraft had been in operation for approximately 60 years and residents chose where to live based on that status quo.

The residents in Khandallah, Johnsonville and Broadmeadows were taken by surprise by a radical DMAPS concept which in effect changed the north/south runway vector with adverse effects on their safety, health and wellbeing.

This took place without notice or consultation. Unlike its previous course, the new flight path crosses suburbs located within the Wellington Airport noise abatement area which has been in Civil Aviation Rule Part 93 since 1997,” it said.

The group said jets flew lower over terrain than under the previous procedures, significantly amplifying noise.

According to research from Sapere Research Group homes under the DMAPS flight path were also estimated to have have lost between $20,000 – $28,000 on average, with total property value losses across the affected suburbs estimated to be between $248 million and $453 million.

What is the DMAPS system?

The system introduced a greater separation between departure aircraft flight paths, and arrival go-around/missed approach flight paths when the initial approach to land was abandoned for safety reasons.

“DMAPS is designed to increase safety at Wellington Airport and was implemented after a number of incidents related to missed approaches (which occur when an arrival aircraft is unable to complete its landing),” said Airways GM of People and Partnerships Jamie Gray.

“DMAPS ensures that flight paths followed by departure aircraft diverge from the flight path followed by missed approach aircraft, separating both aircraft by default,” he said.

He said in the time since DMAPS was introduced in 2022, the number of missed approach safety reports at Wellington Airport has reduced significantly, from 27 in 2019 to only five in total over the last three years.

“All safety reports have been investigated and none are directly attributable to DMAPS,” he said.

Safety a priority, status quo most popular option in consultation

Gray said Airways’ role to provide air traffic services was centred on its obligation to ensure the safety and efficiency of air navigation and the air traffic network.

DMAPS is designed in accordance with the Civil Aviation Rules and applicable ICAO standards. It is compliant with these rules and standards.

“In that judicial review, Plane Sense has made a number of statements regarding the safety of the flight paths over Wellington, in particular regarding the Divergent Missed Approach System,” he said. “Airways will fully defend itself against Plane Sense’s allegations.”

“On the issue of safety, Airways wants to reassure the public that DMAPS is and always has been safe.”

Wellington Airport said it supported DMAPS because it was safer, more efficient and was the most popular option from its voluntary public consultation.

“It has reduced delays, travel times and costs, lowered emissions, and affects the fewest number of people with noise,” it said.

It said of the four options publicly consulted on in 2024, the status quo was the most popular choice at nearly 50 percent, more than twice the level of other options.

“We understand this was disappointing for some people. However, the unavoidable challenge for a city like Wellington with an airport relatively close to the CBD is that aircraft must fly over residential areas at times, no matter which flight path option is preferred.”

A CAA spokesperson said flights have historically flown over the northern suburbs, but the changes made three years ago did make small, but noticeable, differences in noise on the ground from some outbound flights.

“While the changes complied with the Wellington noise abatement rules and have also secured environmental improvements, any such change can be worrying. That’s why we’ve worked to reassure Plane Sense and its members that the changes are safe,” the spokesperson said.

“We offered to discuss possible changes to noise control rules and encouraged Plane Sense to take part in the consultation run by Wellington Airport in late 2024. We understand that Plane Sense chose not to take part in these engagement opportunities.”

The spokesperson said it respected the right of community groups like Plane Sense to raise their concerns and had shared a lot of information with them.

“We’ve been talking with Plane Sense for over two years, and we continue to be open to engaging with them.”

The spokesperson said safety is, and always would be, its top priority.

“The flight paths have been operating safely since December 2022. We will continue our focus on maintaining and improving the safe and secure aviation system that benefits everyone in the community, in flight and on the ground.”

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Crane driver flagged power line danger before his death

Source: Radio New Zealand

The crane truck near the power lines in Greenhithe in August 2023. Supplied/WorkSafe

A crane operator who was killed as he delivered timber had earlier raised concerns with his employer about how close the power lines were.

Wesley Talakai, 38, struck live lines with his truck-mounted crane outside a house building site in Greenhithe, northwest Auckland, in August 2023.

Worksafe says the crane was just 2.5m from the lines, when the legal minimum is four.

“Mr Talakai raised concerns with his employer, NZ Solid, about limited space at the site and proximity to overhead power lines, however the company gave him a gate code to access the site and continue the work,” said the agency on its website. https://www.worksafe.govt.nz/about-us/news-and-media/delivery-death-underscores-power-line-hazards/

“NZ Solid did not obtain consent from the line owner to work within that distance.”

Worksafe quoted from a victim impact statement, in which Natasha Talakai told the court that the time since her husband’s death had been “excruciatingly difficult, exhausting, painful, and lonely”.

Its investigation found serious failures including relying on verbal instructions, an inadequate lifting plan and failing to properly assess the risks.

Planning a job and “never assuming it’ll be fine” were important, said regional manager Brad Duggan.

Judge Fitzgibbon suppressed the amount of reparations ordered.

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Services sector struggling to gain forward momentum

Source: Radio New Zealand

BusinessNZ says it is still tough times for the services sector. File photo. 123rf

  • Services sector PSI rises for second month, but still in contraction territory
  • Sales and employment rise, while new orders fall
  • Proportion of negative comments falls for third consecutive month

The services sector is still contracting – but at a slower pace.

BNZ – BusinessNZ Performance of Services Index (PSI) for October rose 0.4 points to 48.7, which is still below the long-term average of 53.

A reading below 50 points indicates the services sector – which makes up about three-quarters of the economy – was contracting.

The October result was also still well below the survey’s historical average of 52.8.

BusinessNZ chief executive Katherine Rich said despite the level of activity rising for the second consecutive month, the fact that no sub-index results got above 50.0 during meant it was still tough times for the sector.

Activity/Sales (48.9) recorded its highest value since January 2025, new orders/business (49.5) slipped slightly from September, and employment (48.8) rose 0.9 points from September, its highest value since March 2025.

The proportion of negative comments for October (54.1 percent) was down from September (58.0 percent) and August (59.6 percent).

Service sector business continued to report weak demand and reduced customer spending due to the economic downturn, cost-of-living pressures, and low confidence.

Other concerns included rising operating costs, delays, competition, and project cancellations which reduced sales.

BNZ senior economist Doug Steel said the better-looking Performance of Manufacturing Index (PMI) last week might have started thoughts of a quick economic recovery, but Monday’s PSI result pushed against that.

Steel said the news was not all bad, as combined activity showed small improvement.

“It is getting closer to a level that would be consistent with the modest economic growth rates we are forecasting,” he said.

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Labour leader Chris Hipkins announces engagement to partner Toni Grace

Source: Radio New Zealand

Labour leader Chris Hipkins has announced his engagement to partner Toni Grace. Instagram/Chris Hipkins MP

Labour leader Chris Hipkins has announced his engagement to partner Toni Grace, saying he feels like he has hit the jackpot.

Hipkins first confirmed the relationship during his concession speech on the evening of the 2023 election.

Announcing the engagement on Instagram, Hipkins said “I didn’t win the Powerball over the weekend but I did hit the jackpot.”

Hipkins, who has often been reluctant to talk about his personal life, said Grace had remained calm, optimistic, and caring through the ups and downs of politics, parenthood, and life.

“You’re my rock, and I’m so excited about our life together. There simply aren’t enough words to express how much I love you and how lucky I am you’ve agreed to marry me,” he said.

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NZ golfer Steven Alker falls just shy of a third Charles Schwab Cup

Source: Radio New Zealand

New Zealand golfer Steven Alker. JONATHAN BACHMAN

A second place finish at the season-ending Charles Schwab Cup Championship in Phoenix, Arizona has cost New Zealand golfer Steven Alker the overall season-long prize.

The Kiwi entered the week No. 1 in the Charles Schwab Cup standings and a win at the tournament would have seen him win the Cup for a second year in a row.

The 54-year old was aiming to become the fourth three-time winner of the 2025 season on PGA TOUR Champions. Alker also won the ultimate prize in 2022.

Alker started the final round with a one shot lead but a mid-round collapse handed the tournament and season prize for the Charles Schwab Cup to American Stewart Cink.

Alker fired a one-under 70 to get to 18-under while Cink carded a bogey-free four-under 67 to finish two clear at 20-under.

In 23 starts this season, Alker won the Cologuard Classic in March, and the Simmons Bank Championship in October this year.

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Watch: Police discuss murder-suicide of three children and father in Sanson fire

Source: Radio New Zealand

Warning: This story discusses suicide.

Police are revealing more information about the deaths of three children and their father after a house fire being investigated as a murder-suicide.

Manawatū Area Commander Inspector Ross Grantham is speaking to media in Palmerston North at 2.30pm.

The three children killed on Saturday, were identified on a page set up by the loved ones of their mother as August, Hugo and Goldie, aged 7, 5 and 1.

The Givealittle page has since raised more than $158,000 for their mother as she dealt with the “unimaginable loss”.

“They were the light and love of her life, and her entire world has been shattered,” the Givealittle page said.

“In the midst of this unimaginable grief, she also lost her home and everything she owned. She is facing the hardest journey possible, stripped of her physical security, while navigating the deepest emotional pain.”

August, Hugo, and Goldie died in a house fire in Sanson on Saturday. GIVEALITTLE / SUPPLIED

The search for the body of one of the children is still ongoing, police said.

The bodies of two children were recovered on Sunday night and were blessed by the family with karakia.

The body of the adult was removed earlier. Manawatu Area Commander Inspector Ross Grantham confirmed to Morning Report it was the children’s father, which RNZ understood was Dean Field.

He said it was too early to tell yet if the fire was deliberately started.

“It’s pretty risky with the part of the structure still there and the the dust that’s generated from the fire, so it will take us some time just to go through and establish what’s happened.”

Grantham said police were not seeking information from the public at this stage, but if anyone knew anything, they could “reach out”.

He said it was “unusual” for a house fire to begin in the afternoon.

Where to get help:

  • Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason.
  • Lifeline: 0800 543 354 or text HELP to 4357.
  • Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends.
  • Depression Helpline: 0800 111 757 or text 4202.
  • Samaritans: 0800 726 666.
  • Youthline: 0800 376 633 or text 234 or email talk@youthline.co.nz.
  • What’s Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds.
  • Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, Gujarati, Marathi, and English.
  • Rural Support Trust Helpline: 0800 787 254.
  • Healthline: 0800 611 116.
  • Rainbow Youth: (09) 376 4155.
  • OUTLine: 0800 688 5463.

If it is an emergency and you feel like you or someone else is at risk, call 111.

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Navy joins search for missing fisherman in Northland

Source: Radio New Zealand

The Coastguard had also aided in the search. NZ Coastguard

The Navy has joined the search for a missing fisherman in Northland.

A boat with two people on board at Pataua South was reported overdue on Friday night and found adrift the next morning with nobody on it.

The body of one fisherman was found a short time later.

There has been a large-scale search by sea and by air for the second fisherman.

Police, the National Dive Squad, Search and Rescue and Navy crews were back on the water on Monday morning.

The public is being urged to call 111 if they see anything unusual in the water.

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