NEW ZEALAND FIRE SERVICE COMMISSION V NEW ZEALAND PROFESSIONAL FIREFIGHTERS' UNION INC CA CA270/05

NEW ZEALAND FIRE SERVICE COMMISSION V NEW ZEALAND PROFESSIONAL FIREFIGHTERS' UNION INC CA CA270/05 13 March 2006IN THE COURT OF APPEAL OF NEW ZEALAND CA270/05BETWEEN NEW ZEALAND FIRE SERVICE COMMISSION Appellant AND NEW ZEALAND PROFESSIONAL FIREFIGHTERS' UNION INC Respondent Court: Glazebrook, Hammond and Cooper JJ Counsel: G C Davenport for Appellant P Cranney for Responent Judgment: 13 March 2006JUDGMENT OF THE COURT Leave to intervene on the part of Business New Zealand Incorporated is granted on the terms set out below.____________________________________________________________________REASONS(Given by Glazebrook J) [1] This is an application by Business New Zealand Incorporated for leave to be heard in the above appeal. The application is consented to by the appellant but the respondent opposes it. The parties have agreed that this matter will be dealt with on the papers.[2] The central question in the appeal is whether the collective agreement in issue complies with s 57 of the Holidays Act 2003 which concerns employees' entitlement to alternative holidays. Business New Zealand appeared and was heard in the Employment Court. [3] Business New Zealand submits that it should be heard in this Court too on the basis that it was involved in an advisory group consulted when the Holidays Act 2003 was passed. It has been granted to leave to appear and be heard in an appeal involving a related Holidays Act 2003 issue set down for hearing on 13 April 2006 - see Air New Zealand Limited v Airline Pilots AssociationCA113/05. Its involvement will not, in its submission, unduly lengthen the hearing as it seeks only to be heard in respect of the interpretation of the statute and not on any matter of fact. [4] The application is opposed by the respondent on the basis that the issues before the Court are matters of fact and contractual interpretation and therefore Business New Zealand Incorporated cannot provide any assistance to the Court. [5] We consider that behind the issues of fact and contractual interpretation there is likely to be an issue relating to statutory interpretation. This will have an effect on parties other than those before the Court. Given the involvement of Business New Zealand in the Holidays Act Working Group and also before the Employment Court, we consider that the application should be granted. [6] Business New Zealand Incorporated must, however, ensure that its written submissions do not duplicate the appellant's submissions. Whether or not Business New Zealand Incorporated will be called on orally will be a matter for the Court hearing the appeal. [7] The following timetable is set for submissions: (a) the appellant's submissions are to be filed and served on the respondent and Business New Zealand not later than 25 working days before the hearing;(b) Business New Zealand's submissions are to be filed and served on the parties not later than 20 working days before the hearing; (c) the respondent's submissions are to be filed and served on the appellant and Business New Zealand not later than 10 working days before the hearing.Solicitors: Broadmore Barnett, Wellington for Appellant Oakley Moran, Wellington for Respondent