18/05/2026
For more than twenty years, family carers in Aotearoa have been fighting to be recognised for the work they do. Two parents took their case all the way through the courts. They each care for a disabled adult child, around the clock. They argued they should be treated as employees of the Government, entitled to basic rights like the minimum wage, holiday pay, and protection from unfair treatment.
In December last year, the Supreme Court unanimously ruled in their favour. After seven years of legal battles, family carers finally had a decision the Government couldn't ignore.
The Government is choosing to ignore it anyway. This week, Minister Louise Upston announced a bill that rewrites the rules so no other family carer can use the Supreme Court's reasoning to claim employee rights. Faced with a problem the courts identified, the Government's response isn't to fix it. It's to lock it in.
We've seen this playbook before. When the courts found Uber drivers were employees, the Government moved to change the law to make sure other gig workers couldn't claim the same. Workers win in court, Government rewrites the rules.
Family carers do incredibly hard work, and they do it out of love. They can also save huge amounts of money for the care and support system, because without family carers, many disabled people would need full-time residential care. Refusing to pay carers properly, and changing the law to keep refusing, is repugnant.
Disability Minister Louise Upston has revealed a bill that would reverse the Supreme Court’s December decision to recognise family carers as employees.