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Employment Court finds six former Gloriavale women were employees, not volunteers

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Six former Gloriavale women were employees working extremely hard under punishing conditions for years on end at the Christian community, in an experience that has left deep scars, the Employment Court has found.

Serenity Pilgrim, Anna Courage, Rose Standtrue, Crystal Loyal, Pearl Valor and Virginia Courage took Gloriavale’s leaders to court arguing they lived in servitude working on the West Coast commune’s domestic teams and were not community volunteers.

In a judgement released today, the Employment Court’s Chief Judge Christina Inglis found the women were employees while working on the teams, after being primed for the job and taught from birth to submit to male leadership in all aspects of their lives.

“The evidence disclosed that none of the plaintiffs were given a choice about whether they worked on the teams or not. Broadly speaking, that decision had been assigned at birth, having been born female,” the judgement said.

The women carried out work from a young age – around six – which incrementally increased as they got older, progressing to fulltime work on the teams as soon as they left school, around the age of 15.

The women were responsible for preparing food, cooking, cleaning and doing the laundry for Gloriavale’s 600 members, under what they argued was an all-pervading regime of secular and religious control.

In a typical week in 2018, Judge Inglis noted the female workforce in the kitchen produced more than 11,000 meals, while laundry workers washed at least 17,000 items.

“The evidence clearly established that the work required to produce these outcomes was unrelenting, grinding, hard, and physically and psychologically demanding,” she said.

“It is apparent that for the plaintiffs their time at Gloriavale, and their experience working there, has left deep scars.

“I was left with no doubt that they worked extremely hard, and under punishing conditions, during their time on the teams.

“I have no difficulty concluding that, when working on the teams, the plaintiffs were not carrying out work for their individual families or some notional big family.”

Purity Valor shows Chief Employment Court Judge Christina Inglis around Gloriavale on 24 February 2023. Photo: RNZ / Jean Edwards

Inglis said all of the women were born into the community and imbued from birth with well accepted norms as to their place in the community and the work they would be expected to do as they grew up.

“In this regard the plaintiffs knew from an early age that they would work on the teams, and their early life as girls was primed to that end.”

She said the women did the rostered work they were directed to without complaint and there were well understood consequences if they failed to show up.

Worked under ‘strict direction and control’

The evidence established that the plaintiffs worked under the strict direction and control of the Overseeing Shepherd, through his subordinate leadership team, Inglis said.

“Each of the plaintiffs was born into the community and they were taught from birth that they were to submit to male leadership in all aspects of their life,” she said.

“Each had been brought up to understand that this was how their lives would unfold, and that they were to do as the male leadership required.

“The plaintiffs worked under the strict direction and control of the Overseeing Shepherd and were subordinate to him. They worked strictly as required, for long hours and for years on end. The nature of the work was akin to working in a large scale hostel, which would otherwise be paid for.”

Inglis said the consequences of not doing what was expected and “falling out of unity” were dire and well-known – “exclusion from the community, from all that was familiar, from family and friends, and into a world they know little about, were ill-equipped to navigate and had been taught to fear”.

Inglis noted Overseeing Shepherd Howard Temple accepted children were educated so they were not equipped for the outside world, and that part of the leadership strategy was to ensure that children were kept separate from the outside world in order to keep them within the community.

Defendants argue employment relationships at odds with way-of-life

In court, Gloriavale’s defendants – Overseeing Shepherd Howard Temple and Shepherds Samuel Valor, Faithful Pilgrim, Noah Hopeful and Stephen Standfast – strongly contested the women’s claims, maintaining employment relationships were fundamentally at odds with members’ Christian way of life.

They argued a court declaration the women were employees would up-end Gloriavale’s communal economy, violating members’ deeply-held religious beliefs.

Inglis said it became apparent that leaders’ concern about a finding of employment status was less about incompatibility with religious belief and more about financial capacity to pay for the work women did on the teams.

“I make the obvious point that capacity to pay is not one of the factors Parliament deems relevant to assessing whether a worker is in an employment relationship,” she said.

“In any event, it is notable that the evidence before the court of the community’s finances, including its extensive acquisition of additional property, does not sit well with a claimed lack of capacity to pay.”

In July 2021 Labour inspectors concluded there was no employment relationship between the community and its members.

Today’s judgement follows a similar ruling by Chief Judge Christina Inglis last year, in which she found three former Gloriavale men were employees from the age of six, working long hours on farms and in factories at Haupiri.

Gloriavale has been contacted for comment.

Source: RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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