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“The Crown’s 25-Year Wage Theft is Over: Whānau Are Employees” - 12 December 2025

The Crown has been caught red-handed, whānau

Ivor Jones The Māori Green Ltn

12 Dec 2025 — 10 min read

For twenty-five years, the neoliberal machine has relied on a simple, brutal calculation:

that the aroha of whānau is free labour they can exploit to balance the books. On Tuesday, the Supreme Court shattered that illusion.

In Fleming v Attorney-General, the highest court in the land didn’t just rule that Christine Fleming and Peter Humphreys are employees; it effectively declared that the State has been running a sweatshop inside the homes of our most vulnerable for decades. The “neoliberal taniwha”—that beast that devours public good for private surplus—has been forced to spit out its prey.

This isn’t just a legal win. It is a whakapapa of resistance against a system designed to extract mauri from wāhine Māori and carers under the guise of “family duty.”

Background: The Long Road to Justice

This fight didn’t start with Fleming. It began in 2000, when families first lodged complaints that the Ministry of Health refused to pay them for the 24/7 care they provided to disabled loved ones—work that, if done by a stranger, would cost the State billions.

The Crown fought them every step of the way. In 2013, the National Government, led by Tony Ryall, passed Part 4A of the NZ Public Health and Disability Act under urgency. This draconian law literally banned families from challenging the discriminatory policy in court, a move the Human Rights Commission called “constitutionally significant” in the worst possible way.

Peter Humphreys and Christine Fleming, the heroes of this hour, refused to kneel. They argued a simple truth: if the Ministry controls the funding, the hours, and the assessment, the Ministry is the employer. The Court of Appeal tried to say that “Individualised Funding” (IF) made them contractors or agents. The Supreme Court said no: the Ministry pulls the strings; the Ministry pays the bill.

The Supreme Court Ruling

The decision is crystal clear.

Status: Carers like Fleming and Humphreys are “homeworkers” under the Employment Relations Act. They are employees of the Ministry (now MSD).
Rights: They are entitled to minimum wage, holiday pay, sick leave, and KiwiSaver.
The Lie of “IF”: The move to “Individualised Funding”—where the disabled person technically “buys” the care—was ruled insufficient to break the employment relationship with the Crown. You cannot outsource your moral and legal duty to a person who lacks the capacity to be an employer.

As reported by 1News, Minister Louise Upston is now “seeking advice.” Let me save you the consultancy fees, Minister:

Pay them.

Analysis: 5 Hidden Revelations

The mainstream media sees a court case. The Māori Green Lantern sees the wires of the system.

Here is what they aren’t telling you.

1. The $17.6 Billion “Free Ride” is Over

The Crown cries poverty, warning of “fiscal cliffs” and “budget blowouts.” This is gaslighting. The reality is that unpaid carers contribute an estimated $17.6 billion annually to the NZ economy, roughly 5.4% of GDP.

The State hasn’t been “saving” money; it has been stealing it. As shown below, the value of this unpaid labour rivals the entire contribution of the Health and Social Services sector.

The $17.6 Billion Free Ride: Unpaid Care vs. GDP Context

2. The “Whānau Tax” on Māori

This theft is not colour-blind. It is a targeted extraction of labour from Māori whānau. Research reveals that Māori men receive significantly more hours of informal care (29 hours/week) compared to non-Māori men (19 hours/week), and Māori women receive nearly double the care hours of their Pākehā counterparts.

This burden falls disproportionately on wāhine Māori, who are younger, poorer, and more likely to sacrifice paid employment to care for whānau. The Crown’s refusal to pay was, in effect, a race-based tax on our whakapapa.

The Whānau Tax: Weekly Hours of Care Provided by Family

3. The Bureaucratic Shell Game: Whaikaha to MSD

In August 2024, the Government gutted Whaikaha (Ministry of Disabled People) and transferred Disability Support Services (DSS) back to the Ministry of Social Development (MSD). We were told this was about “budget management” after a so-called blowout.

The hidden connection:

This transfer was a defensive fortification. The Crown knew this Supreme Court ruling was coming. By moving DSS into the massive, opaque machinery of MSD, they can better absorb (and suppress) the financial shock of this ruling than the smaller, more community-focused Whaikaha could have. They moved the liability before the bill arrived.

4. “Individualised Funding” was a Trap

For years, the State pushed “Individualised Funding” (IF) as “empowerment.” It was actually a legal shield. By forcing disabled people to become “employers” of their own parents, the Crown tried to wash its hands of employment liability (holiday pay, grievances, etc.).

The Supreme Court saw through this fiction. As noted in the judgment, asking a person who lacks legal capacity to be an employer is a farce. The “empowerment” narrative was a cover for “risk dumping.”

5. The Spirit of Part 4A Lives On

Although the Labour Government repealed Part 4A in 2020, the mauri of that legislation—the desire to legislate away human rights—remains in the bureaucracy. The current “Purchasing Guidelines” restrictions introduced in March 2024 (limiting what funding can be spent on) are the spiritual successors to Part 4A. They are attempts to ration dignity.

25 Years of State-Sponsored Denial

Implications: The Bill Comes Due

The implications are catastrophic for the Crown’s budget and magnificent for justice.

Class Action: With the “homeworker” status confirmed, the door is open for a massive class action lawsuit for backpay dating back six years. We are talking about potential liabilities in the billions.
Restoration of Mauri: For 10,000+ families, this isn’t just about money; it’s about the restoration of mana. It acknowledges that their mahi has value.
Immediate Rewrites: MSD will likely try to force new contracts to limit hours, capping “work” at 40 hours despite the reality of 24/7 care. Watch for this “mauri-depleting” tactic in the coming months.

Mana Motuhake

Minister Upston says she is “mulling options.” There are no options. The Supreme Court has spoken. The time for “mulling” died with the Atkinson case a decade ago.

To the whānau who fought this:

Nā koutou te ihi, nā koutou te wana.

You have stripped the cloak of invisibility from the State’s exploitation. Now, we must ensure they pay every cent owed—not as a handout, but as back wages for the hardest job in the world.

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