Courage v Attorney General 2022 NZEmpC 77

Employment Court - Boys

Were three former male residents of the Gloriavale Christian Community employees during their time there? Were they working in forced labour conditions?

If you are a male who believes they were employed by Springbank/Gloriavale, you may be eligible for compensation. Please click here to be informed of the process.

Impact

If you worked at Springbank/Gloriavale and are interested in knowing how these rulings might assist you to get some compensation, fill in the form on this page asap and your details will be passed through to Brian Henry’s legal team. They will be in touch.

Sept 2021 – Three ex-Gloriavale young men file in court for a declaration of “Employee”

Gloriavale is described as a self-sustaining Christian Community with its residents living what might be referred to as a communal lifestyle. It is made up of a Trust, a Partnership, a nominee company, a holding company, and a number of limited liability trading companies to operate a variety of commercial enterprises, including a honey making plant and a dairy farm.

Hosea Courage, Daniel Pilgrim and Levi Courage were born into the Community and carried out work starting from the age of six. All three of them left Gloriavale and sought a declaration that they were employees when performing work for the Community.

The Gloriavale defendants denied that the plaintiffs were employees. They claimed that any work undertaken between the ages of six and 14 was chores or work required by their parents; that work undertaken when they were 15 was part of their schooling; and that work undertaken from 16 years of age was done on a voluntary basis. There was no intention to enter into an employment relationship at any stage. The judge approved an urgent fixture.

Feb/March 2022 – Court case heard over AVL due to Covid

The hearing lasted three weeks and involved 8 former Gloriavale members (Hosea Courage, Daniel Pilgrim, Levi Courage, Zion Pilgrim, John Ready, Sharon Ready,Virginia Courage and Faithful Disciple), and 4 current Gloriavale members (Peter Righteous, Serenity Valor, Charity Christian and John Helpful. Mark Christian did not appear as expected). The Government witnesses included Hannah Crampton and Richard Lewis from MBIE.

10 May 2022 – Court Ruling, Plaintiffs Win

In her  58-page judgement Chief Judge Christina Inglis made declarations that Hosea Courage, Daniel Pilgrim and Levi Courage were employees from the age of six through to when they left the Gloriavale Community.

Read a summarised version of the court judgement on the Daily Vale.

The plaintiffs also claimed that the Labour Inspector breached their statutory duties. This aspect of the claim centred on a report of the Labour Inspector, concluding that people working in Gloriavale were volunteers. This part of the case will be heard when the first part of the claim has been resolved. The Judge has reserved her judgment on “who is the employer”.

Read the Media Statement the court released.

Jan 2024 – Who will ensure the plaintiffs get paid?

The two parties tried mediation late 2023, but it failed.  (Through the rest of 2022 and 2023 the lawyers were also working with the Pilgrim Girls to seek a similar declaration of employee status. This paused the progress on the Courage proceedings). In January 2024, the plaintiffs filed their wage arrear claims with the Employment Relations Authority (ERA). Their job is to settle employment related disputes. They also then immediately requested for the case to be removed back to the Employment Court to complete the process. Click here for more details. The lawyers argued it was a complex case and it would speed up the process for the same judge to work it out based on the evidence accepted in court. No, poor or untrue record-keeping is problematic for this case.

But this attempt failed, with the ERA saying they were the best placed agency to deal with the issues the ERA commented,

“In his decision, ERA member David Beck said the authority had dealt with similar matters where there were no records kept, and that there was no urgency in this case because it had taken a long time to get to this point”

Click here for more details.

August 2024 – Who will hear the “Time Bar” argument and who will decide how much they get paid?

On 25 July 2024 Judge Christina Inglis heard the Courage and Pilgrim plaintiffs (applicants) and defendants (respondents) arguments for or against the Employment Court finishing off the cases to ensure the Boys and Girls way is paved for payments of lost wages, instead of keeping it with the Employment Relations Authority. The leavers’ lawyers arguments were based on the desire to safeguard the plaintiffs from having to give further evidence about their work life at Gloriavale. They also highlighted the difficulties with producing time-sheets, and they argued that the ERA was not going to be capable of determining the time bar issue. (Gloriavale had indicated they would be seeking the courts assistance to set in stone as 6 year time restriction for backpay, while the plaintiffs maintain the exceptional circumstances of their work and life in Gloriavale meant there should be no restrictions on back pay.)

On 7 August 2024 the judge ruled that both the time bar issue and the remuneration issue be completed in the Employment Court and removed from the ERA.

Read the Judgment here

September 2024 – MBIE files proceedings against Gloriavale on behalf of leavers (Courage and Pilgrim plaintiffs) for wage arrears, and penalties

In September 2024 the Labour Inspectorate (MBIE)  formally initiated regulatory enforcement proceedings against Gloriavale’s leadership team. 
The action sought declarations of employment breaches, worker compensation orders, and heavy financial penalties against Gloriavale. This was the government watchdog’s belated attempt to penalise the commune’s leaders following the landmark 2022 and 2023 Employment Court decisions which ruled that Gloriavale members were legal employees rather than volunteers. Gloriavale appealed this action, and the decision was made during the Time Bar Limitation Judgment in May 2026.

November 2024 – Boys Employer named as the Overseeing Shepherd

On 21 November Judge Christina Inglis determined that the principal employer of the young men was the Overseeing Shepherd. She also noted this was the case regardless of the identity of the individual holding the role at the time, stating that,

“From the inception of the Gloriavale Community until his death on 15 May 2018, the Overseeing Shepherd was Hopeful Christian and, from that date, Howard Temple.”

She also commented that the plaintiffs my well have been simultaneously employed by other entities within the Gloriavale structure (jointly or otherwise), but that issue cannot be resolved at this stage in the proceedings, but may come into play in the next stage when dealing with compensation issues.

Read the Judgment here

November 2024 – Gloriavale ordered to pay legal costs

27 November 2024 Judge Christina Inglis awards $274,427.75 + GST + Disbursements and Expenses be paid by Gloriavale to the plaintiffs for legal costs. (This is a fraction of the real costs of the legal expenses, had the lawyers been charging a fair fee). It is understood that Gloriavale’s legal fees to defend the case were more than $1 million.

Read the Judgment here

November 2025 – Time Bar / Limitation Period Hearing

The 26–27 November 2025 hearing was a preliminary Employment Court hearing about whether the Pilgrim and Courage claims could still proceed despite statutory time limits.

The Court was dealing with four related proceedings: the former Gloriavale workers’ claims for wage arrears, holiday pay, breach of contract and personal grievances, and the Labour Inspector’s separate claims for declarations of breach, compensation and pecuniary penalties. The main questions were which claims were time-barred, whether transitional limitation provisions applied, and whether the four proceedings should be consolidated before the substantive hearing.

A major issue was when the limitation clock started and stopped. For the leavers, the Court considered when their wage claims became reasonably discoverable and when proceedings had effectively commenced. For the Labour Inspector, the Gloriavale defendants argued MBIE had waited too long to bring its enforcement claims.

March 2026 – Gloriavale Leavers vs MBIE – Judicial Review of the Labour Inspectorate’s 2017 and 2021 Reviews

During 16 – 18 March 2026 the Employment Court scrutinised the Labour Inspectorate’s failure to intervene in Gloriavale both in 2017 and 2021 despite overwhelming evidence. They accused inspectors of turning a blind eye to modern slavery and child exploitation. The Crown defended the agency, arguing that community members were viewed as religious volunteers at the time and that intervention had to be balanced against their communal lifestyle. Ultimately, internal records proved devastating for the Crown, revealing that the inspectorate had ignored explicit legal advice from Crown Law to investigate deeper, choosing instead to prematurely close its files and leave vulnerable children and adults unprotected.

More details on the Daily Vale here.

May 2026 – Time Bar and Limitation Period Judgement

The Employment Court judgment on the time bar and limitation hearing, delivered by Chief Judge Christina Inglis on 28 May, 2026, determined whether historical claims regarding unpaid work at Gloriavale, as well as penalties against Gloriavale were legally filed too lateThe ruling resulted in a split outcome:
  • A Win for the Leavers: The court ruled that the nine former Gloriavale members could fully pursue their wage arrears and breach of contract claims. The judge decided that standard statutory limitation periods did not begin until the members actually left the commune and experienced life in the outside world, creating a fair exception due to their unique, isolated upbringing. She also welcomed their personal grievances claims as they were also outside of the limitation period.
  • A Loss for the Labour Inspectorate: The judge dismissed all parallel compensation claims brought by the Labour Inspectorate, ruling that the state watchdog missed the legal clock. The court noted the inspectorate possessed actual knowledge of exploitation at Gloriavale by July 2017 but unreasonably delayed filing formal enforcement proceedings until September 2024.

Read more about it on the Daily Vale here

August 2026 – Gloriavale Leavers Succeed at Judicial Review

In her12  August 2026 judgment, Chief Judge Christina Inglis identified five critical legal errors made by the Labour Inspectorate during its 2017 and 2021 investigations:
    • Excluding Child Labour: Inspectors knowingly shut their eyes to child exploitation and deliberately left children out of their inquiries.
    • Misunderstanding Powers: The watchdog failed to comprehend its statutory duty to enforce minimum employment standards and protect vulnerable workers.
    • Irrelevant Considerations: The agency inappropriately allowed concerns about disrupting Gloriavale’s communal lifestyle to dictate its enforcement choices.
    • Failing to Test Evidence: Investigators accepted the leadership’s claims at face value without looking into obvious signs of coercion, control, and duress.
    • Ignoring Crown Law Advice: The inspectorate disregarded explicit warnings from Crown Law to pursue deeper lines of inquiry, choosing instead to close the files prematurely.

Read more about it here on the Daily Vale

How Did We Get Here? A Detailed Background

The Timeline

2020

Gloriavale members criticise leaders

Two members of Gloriavale walked out in secret to raise serious allegations against the community leaders of control, long work hours and mental abuse.

September 24, 2020
2022

Boy's Court Case Begins

Today the Employment Court met to hear from ex-Gloriavale residents Levi Courage, Daniel Pilgrim and Hosea Courage, who were plaintiffs in this case.

February 21, 2022

Boy's Court Case Ends

Chief Judge Inglis hears the final witnesses (from Gloriavale and from MBIE) and reserves her judgement. Court is adjourned and we begin the wait to hear the final verdict.

March 4, 2022

Boy's Court Case Ruling

Chief Judge Christina Inglis ruled that each of the three plaintiffs was an employee from the age of 6 until the time they left the community. Read the Judgment here. The case will need to move to the Employment Relations Authority to work out wage arrear claims. The judge is still to rule on who the employer is.
May 10, 2022

Leavers win bid to have proceedings moved back to the Employment Court

The plaintiffs have won leave (permission) to have the rest of the case heard back in the Employment Court. The judge will work out the time bar issue and work out how much the plaintiffs will receive for wage arrears. Read the judgment here.
August 7, 2022
2024

Overseeing Shepherd found to be the Employer

Judge Inglis rules that the employer is the Overseeing Shepherd (the role and the individual occupying it at the time). She doesn’t rule out the prospect of multiple employers (relating to other structures), but will deal with those issues as they arise. Read the judgment here.
November 21, 2024