The Employment Court has lifted an injunction halting a major restructure at Lyttelton Port Company (LPC), clearing the way for the port to proceed with plans that will remove 35 positions and create 21 new roles.
Judge J C Holden’s decision follows cross-challenges from LPC and the Maritime Union of New Zealand (MUNZ) and Rail and Maritime Transport Union (RMTU) over an Employment Relations Authority (ERA) ruling that found LPC had breached its collective agreements and good faith obligations.
LPC began developing the restructure in 2024, aiming to “elevate safety, optimise performance, and develop a contemporary structure that responds to front line staff needs”. Chief operating officer Amrita Balaraman said she wanted to present a baseline proposal before consulting, which included replacing foreperson roles covered by the collective agreements with team leader positions on individual contracts.
The unions objected, saying they should have been involved in designing the proposal from the outset, as required by their collective agreements. In February 2025 they filed a claim with the ERA, which ordered LPC to halt direct consultation and engage in “structured consultation” with the unions.
While LPC said clause 2 of the agreements applied only to contracting out, the Court agreed, finding it did not extend to general restructures. However, Judge Holden found that another clause — sub-clause 4.4 — was “broad enough to include the involvement of unions in change proposals that affect their members”, including restructures.
Even so, the Court ruled that LPC’s post-compliance order consultation met its obligations. “While sub-cl 4.4 is broadly framed… it does not require engagement prior to the development of a proposal,” Judge Holden said.
The Court found the High Performance High Engagement charter in the RMTU agreement no longer applied, and that LPC’s process complied with the Employment Relations Act’s good faith provisions.
As a result, the interim injunction made in July was lifted. “Lyttelton Port Company may proceed with its restructuring proposal,” Judge Holden said.
Costs were reserved, with the Court noting LPC’s case sought “guidance for the future”.
Union ‘disappointed’
Lyttelton port workers says they are “disappointed” with the court ruling allowing the restructure.
“This restructure will remove the foremen who are the last line of defence against tragedy on our wharves,” MUNZ Lyttelton branch president Gerard Loader says.
“We are concerned at the collapse of the relationship between the workforce and an aggressive management, which is undermining the future of the port.”
Loader contrasted the situation with “the recent success of Port of Auckland” where unions had worked constructively with chief executive Roger Gray, a former LPC boss.
RMTU Lyttelton branch secretary Mark Wilson says the judgment, while disappointing, was “not surprising”.
“A good employer does not operate by minimum legal requirements, which LPC management have now admitted in court is their standard,” Wilson says. “LPC’s approach is not aligned with the [Christchurch City Holdings Limited] statement of intent, and we will continue to hold the company to account for its failure to act as a good employer.”
The unions are urging the LPC board and owner Christchurch City Holdings Limited to commit to “a genuinely productive and cooperative relationship” and vow to keep the port in public hands.
