Fury as Govt to overturn court decision recognising family carers as employees | Stuff.co.nz

Añadido: 2026-05-19

[00:00:00]The government's new legislation around disability support services has been labeled Trumpian by some in the sector today. Minister Louise Upton says legislation will make it easier for people to understand what support is available, who qualifies, and how decisions are made.

[00:00:16]But the new bill will also make it clear the Crown is not the employer of family carers, overturning a landmark Supreme Court decision which ruled otherwise last year.

[00:00:27]Senior correspondent Lee Set Remer reports.

[00:00:32]Every day is a busy one for Peter Humphreys. Shan had a busy day.

[00:00:40]Who provides around-the-clock care for his 35-year-old daughter Shan. I think it's just unfair that parents are having to look after adults with disabilities without the support and often the financial support that they need.

[00:00:53]People have given up like their careers, they've given up their ability to save for their retirement, and given up their social life. The government has to do their part as well. In December, the Supreme Court ruled he was an employee of the government and should receive the same benefits and protections. Not so fast, says the government. There would be very few people out there that would accept that MSD should be the employer of a family member in a family home for an adult disabled child. Her new bill would overturn the Supreme Court's decision. It wouldn't affect Peter, but it would affect any future or pending cases. It's gone before the Supreme Court of New Zealand, the highest court in the land. Five judges unanimously said that it was wrong not to look after um the caregivers and to see them as employees. So, I don't understand how she would even think like that. The minister does acknowledge the care of carers is currently insufficient and says the legislation will help with clarity around who is eligible for what.

[00:01:57]I have asked officials to start work on a broader care and support package, which is clearly well overdue.

[00:02:06]We'll be consulting with the sector. The CEO of the New Zealand Disability Support Network has warned it's crucial the government gets this legislation right, but says we welcome the chance for greater clarity, transparency, and stability. Not everyone feels the same way. Fury probably is the overriding sentiment at the moment.

[00:02:26]>> Jane Carrigan has been working as an advocate in the disability sector her entire life, hence her backdrop. I operate in a parallel universe, quite frankly, along with the families that I work with. She knows around 40 cases currently working their way through the court system. What scares me about this piece of legislation is how authoritarian it is.

[00:02:48]It completely removes people's rights.

[00:02:51]It's canceling live court proceedings. I mean, this is a government where I mean, we're sitting here and tut-tutting and about Trump land, but I can tell you I don't think Trump would have even come up with this particular bill. That is how bad it is. You don't say to people, we don't like the court cases you're running, so we're going to remove your entitlement to do that, not when they're in the middle of it. And these people, like I say, have been sitting in that system for over 6 years. Carers NZ has also today likened the legislation to Donald Trump's big, beautiful bill, which is removing options for family carers to be paid. In a Facebook post, the not-for-profit wrote, "We understand the need for fiscal responsibility in a small country. We don't understand and won't accept hurting and penalizing family carers or putting more expectation on them when well-being is already so low." The bill is now headed for its first reading and select committee for public input.

[00:03:49]The government can count on plenty of feedback.