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Immigration New Zealand ( INZ ) and the government continue to make changes in the in the New Zealand visa, employer compliance, and investment visa spaces. We have set out below a summary of some of the changes: Business Investor Visa The full immigration instructions associated with the Business Investor Visa Category ( BIV ) have been released. Information on the category can be found here . In essence, the BIV will provide migrants who are open to being a tax resident in New Zealand, a pathway to residence through purchase of a business (where other core requirements are also met). We will release a further article on the BIV in future. For investors that wish to spend less time in New Zealand, the Active Investor Plus category numbers continue to grow with 396 applications as of 24 October 2025. Job Check redesign The Job Check application has been redesigned including the removal of the requirement to provide a template employment agreement at the Job Check stage. Summary of the changes: Low risk employers will have Job Check applications streamlined with default assessment (2-4 questions where roles align with business time and claimed ANZSCO code. INZ have confirmed requirements for roles where a AEWV worker genuinely needs to work in two locations at the same time via WA3.20.1(d)(ii). The requirement here is that evidence of advertising that meets the requirements must be provided for each location. Additional checks and requests for information for employers that are not low risk. We anticipate that employers will need to be more careful with Job Check applications as the bulk of requirements are satisfied using declarations which will likely be audited in future. It is important that any declarations including requirements for advertising with the Ministry of Social Development are complied with. Changes to the Skilled Migrant Category Resident Visa Initial changes to the Skilled Migrant Category have been announced including changes that will allow more skilled migrant workers to apply for residence earlier/after August 2026. INZ have released some information which can be found here . The full policy with changes will be released in early 2026. 87 roles assessed as skill level 1-3 INZ is updating how 87 new occupations are assessed under the AEWV programme from 3 November 2025 (to be skill level 1-3). This is to ensure higher skilled occupations in the National Occupation List ( NOL ) are recognised. Moving Forward The New Zealand immigration space continues to change. Our team of specialists are ready to help with bespoke and practical advice and solutions on navigating the tricky and constantly changing immigration landscape. Please do not hesitate to contact us if you need help. Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.

In Soapi v Pick Hawke’s Bay Incorporated [2025] NZEmpC 208, the Employment Court determined that employers are not permitted to make deductions outside of section 7 of the Minimum Wage Act 1983 ( MWA ) from an employee’s wages if doing so results in the employee receiving less than the minimum wage for hours they worked. Ms Soapi, Mr Lau and Mrs Lau were citizens of the Solomon Islands and they worked for a not-for-profit organisation that participated in the Recognised Seasonal Employer ( RSE ) scheme that allows accredited New Zealand employers to employ workers from specified Pacific Island nations for work in the horticulture and viticulture industries. Prior to employing the plaintiffs and part of the RSE scheme, the defendant submitted a copy of its Individual Employment Agreement ( IEA ) template and deductions form to Immigration New Zealand ( INZ ). INZ allowed the defendant to make deductions from any employees pay where there was “written consent” by the employee, the deductions were for a specified purpose, the amount was no greater than what would be deducted for an NZ citizen or residence class visa holder, and the employee has been informed that the deduction could be withdrawn at any time. The IEA stated that deductions would only be made where INZ’s instructions were complied with. The defendant made weekly deductions from the plaintiffs including for accommodation, damage to lodgings, immunisations, food expenses, overpayment of wages, wage advances, health insurance and Personal Protective Equipment ( PPE ) and flights. The Court found that the defendant made various unlawful deductions, including deductions: For PPE, which was held to be in breach of Health and Safety legislation. Not approved by INZ. For accommodation costs as the cash value was not fixed in the employment agreement and deductions exceeded the permitted five per cent for lodgings. For the costs of the accommodation where the deduction form did not explain the basis for the calculations and accommodation costs related to a 12-month period, while only working seasons of seven or less months. The Court ordered the following sums and interest to be paid to the plaintiffs (being the amount of the underpayments less 5% of that for accommodation): $6,076.54 for Ms Soapi; $9,815.83 for Mr Lau; and $19,056.23 for Ms Lau. The matter of penalties was adjourned for a later date and costs were reserved. Key takeaways: Deductions from pay, at source, should not be made where it would result in the employee earning below the minimum wage, even if the employee consents to the deduction. Employers will need to find other work arounds, such as invoicing employees for costs owed by employees to employers. Deductions need to be specific, reasonable and made with the worker’s consent and for migrant workers must be submitted to Immigration NZ for approval. Employment agreements must fixed the value of accommodation, or otherwise not exceed 5% of an employee’s minimum rates of pay. Employers should get legal advice if for any reason, they need to make deductions from an employee’s pay. Feel free to contact us for an audit of your employment agreements and deduction forms to ensure you are lawfully making deductions.

Workplace law is evolving quickly, and it’s more important than ever for employers to stay informed to ensure compliance and uphold best practice. Below summarises key take aways from our recent joint webinar with Pillar Consulting on: Workplace legislation that has passed, is in progress, or has been signalled Key developments relevant to practitioners advising on employment and immigration matters Practical guidance to help employers stay competitive and manage risk and compliance in today’s evolving business landscape Parental Leave and Employment Protection Act 1987 The following changes apply in respect of the Parental Leave and Employment Protection Act 1987 from 1 July 2025: Weeks spent on preterm baby payments will added to the standard 26-week entitlement to primary carer leave. This change ensures families with preterm babies have more time and financial support. If a person receives a preterm baby payment, their parental leave payments will start on the date their parental leave begins or on the baby’s expected due date. Absences that do not disrupt the normal pattern of an employee’s employment will not impact eligibility for parental leave payments. More broad meaning of “primary carer” to include overseas adoptive parents, surrogacy and customary Māori adoption. Entitlement to parental leave payments remain even if an eligible person stops working within a ‘reasonable period’. Message for employers: If you have a parental leave query, would like your parental leave policy reviewed or needed assistance to ensure your payroll is set up correctly, please feel free to get in touch with one of our employment specialists here . The Privacy Amendment Act 2025 From 1 May 2026, Information Privacy Principle 3A will form part of the Privacy Act 2020 and states If an agency collects an individual’s personal information indirectly or directly from someone other than the person themselves, then that agency is required to take reasonable steps to tell the person, unless an exception applies. Exceptions, among other reasons, include that the information is publicly available, it will not prejudice the interests of the person, it is not practical to do so, non-compliance is necessary for other prevailing interests or that it would cause a serious threat to health and safety. Message for employers : With increased privacy matters before the privacy tribunal, we urge you to get in touch if you are unsure whether your organisation has been compliant with the new IPP 3A as fines apply for non-compliance. Holidays Act Reform Cabinet intends to repeal and replace the Holidays Act 2003 with a new Act by the end of term. The purpose of this is to provide employers with greater clarity on leave calculations making it easy to understand and apply. The proposed changes are: Shift to pro rata sick leave. Employees would earn leave entitlements that are a direct proportion to their contracted hours. Casual employees would not be able to accrue sick leave or annual leave. They will be paid 12.5% of their pay for each hour worked to compensate for this. Sick leave would be taken in hours if an employee did not want to use a full-day’s entitlement. Bereavement leave and family violence leave would be accessible from the first day of employment. New parents will receive their full pay of annual leave when they return from parental leave. Mandatory itemised pay statements each pay period to show pay and leave in a transparent and easy to understand way. Ability to cash up 25% of the total annual leave balance per year The same hourly leave pay rate will be used for all types of leave. Fixed allowances will also continue to be paid in full during leave. Alternative holidays are also proposed to shift to hours-based accrual. Clearer test for determining an “otherwise working day” for public holiday entitlements. Notice period for annual closedowns to 21 days Contracts and agreements to include sufficient information about rosters or hours Message for employers: The Bill has not yet been introduced but once introduced, it will be open for public submissions where you can provide your feedback on the suggested changes. We encourage you to sign up to our newsletter here if you want to be notified when submissions open or receive some directions from us when the bill is passed into law to ensure that you are complaint with the changes. The Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025 From 27 August 2025 onwards: Employees are entitled to disclose their remuneration to any person if they wish to. Employers can’t take action against staff for sharing their remuneration details. If an employee is treated unfairly (for example being dismissed or negatively impacted at work) because they talked about their remuneration, they can raise a personal grievance. Message for employers : Pay secrecy clauses are void and cannot be relied upon. You should remove these from your templates. If you have any matters involving disclosure of pay, please get in touch for advice. The Employment Relations Amendment Bill 2025 The Bill proposes: A new contractor gateway test with clear criteria to distinguish employees and contractors. Removing all remedies where the employee has contributed to their dismissal due to actions amounting to serious misconduct. That procedural defects in a dismissal process will no longer automatically result in a finding of unjustified dismissal, if those defects did not actually cause unfairness to the employee. This change is intended to give employers more certainty and reduce the risk of personal grievance claims based on technicalities, especially where the employee was treated fairly despite the procedural error. Removing the legislative right for employees earning $180,000 annually gross from bringing an unjustified dismissal claim unless their employment agreement allows them to do so. Removing the 30-day rule that requires new employees whose work is covered by a Collective Agreement (CA) to commence employment on the terms of the CA for the first 30 days of employment. You can read our article for more information on these changes including our advice for employers: Major Shake-Up in Employment Law – What Employers Need to Know about the Employment Relations Amendment Bill 2025 Crimes (Theft by Employer) Amendment Act 2025 On 14 March 2025, it became a criminal offence for employers to intentionally withhold wages, salaries, or other monetary entitlements from employees without a reasonable excuse. Pay Equity changes In May 2025, the threshold for female-dominated work increased to 70%. Existing pay equity claims were discontinued, and new rules were introduced for comparators, phasing, and the removal of back-pay and review clauses. Partial strike pay deductions As of 1 July 2025, employers can deduct pay for partial strikes by employees by providing written notice and make a proportionate or 10 per cent deduction to their pay. Immigration Law The Fiscal Sustainability & System Integrity Amendment Bill The Bill is anticipated to come into effect soon and will further impact workplace law. The Bill proposes to give the government authority to expand levy charges to employers hiring migrant workers and education providers where migrant students study. It will become a criminal offence for employment-related persons to receive or seek a premium for employment by their migrant employees. An employment-related person can be an employer, potential employer, agent of an employer or potential employer, or a person involved in the recruitment for the migrant employee victim. The sentence for this can be up to 7 years in prison and/or a fine not exceeding $100,000 for the employment-related person. The bill also seeks to increase the chances for a migrant to be deported irrespective of whether they are charged or discharged on conviction for an offending. The Worker Protection (Migrant and other employees) Act 2023 Employers may be stood down or given a fine under this Act for not complying with visa conditions or visa application process requirements. The total number of fines issued under this Act has increased significantly from $63,000 between 2023 - 2024 to $395,000 for 2024-2025 period. We can expect that Immigration New Zealand (INZ) will continue to impose fines. Good faith obligations toward migrant workers Employers should continue to consider their statutory good faith obligations which requires them to be constructive, communicative, responsive and active in maintaining an employment relationship with their migrants. Student Visa As of 3 November 2025, student visa holders who have a limit to their working hours in their visa conditions but want to work additional hours need to apply for a variation of condition to INZ. Residence median rate As of 18 August 2025, the residence median wage rate increased to $33.65 per hour. Job check application form From 29 September 2025, there will be additional questions in the job check application form that includes reasons of why a role is needed, the number of employees in the business and the number of employees that are New Zealand citizens and residents. Departing from the use of the Australian and New Zealand Standard Classification of Occupation (ANZSCO) The ANZSCO standard has been consistently applied in New Zealand and Australia. On 24 November 2024, the government has announced that ANZSCO will be replaced with the National Occupation List (NOL). We expect that ANSCO will be completely replaced by NOL between 2026 and 2027. However, at present, INZ allows migrant employees in roles that are skill level four to five to benefit as if their role was recognised as NOL levels one to three if their three-year maximum period of stay ends before November 2025. In this case, workers in these roles will be able to extend their stay for a further two years. NEW Global Workforce Seasonal Visa (GWSV) and Peak Seasonal Visa (PSV) categories To help address labour shortages during peak seasons, INZ have introduced GWSV and PSV. Both visas sit under the Accredited Employer Work visa and neither visas can support dependents or partners. Message for Employers: If you have any questions or need any assistance with INZ compliance, please contact us for expert immigration advice and guidance. Drug and Alcohol Testing Changes to drug detection limits In 2023, a new drug testing standard was announced, which is known as AS/NZS 4308:2023. It replaces AS/NZS 4308:2008 . The new standard sets out procedures for urine specimen collection, storage, handling, onsite drug screening tests and, if required, dispatch to a laboratory. There are also lower thresholds for certain drugs, like cocaine and benzodiazepines, and updated procedures for documenting results. There is a three-year transition period ending in November 2026 for all businesses to implement these two standards and we are still awaiting confirmation from testing agencies that they are now using the new standard. Urine and oral fluid testing The pros and cons between utilising urine and oral fluid testing vary depending on the circumstances and reasons for testing. Urine testing is used for pre-employment and random testing, as it can detect prior use up to several days. Whereas oral fluid testing is suited for post incidents or where you have reasonable cause to test an employee as it detects recent use only. Operational impacts Employers should have their drug and alcohol polices updated to ensure they are compliant with the new detection limit standards and are equipped to confront issues involving medications that can cause impairment. Risk management Employers should assess whether a lapse in concentration or coordination poses a risk to the health and safety of themselves and others. Medicinal cannabis Employers need to consider health and safety, and risk management obligations on how to manage employees taking medicinal cannabis for health-related reasons. The focus should be on the risk of impairment and consideration of fitness-for-duty assessment for safety critical roles. Workplace culture Having good workplace culture is central to an employer’s statutory health and safety obligation. Fostering a supportive environment where employees can voice their concerns without any repudiatory action is vital for managing risks. Message for employers : We can assist to ensure your drug and alcohol, and health and safety policies are up to date and fit for purpose ensuring that they still meet your current business needs. If you would like to watch the full presentation, you can do so here: What's on the Horizon Time for Change - YouTube Disclaimer: We remind you that while this article provides commentary on employment law topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek guidance from your employment lawyer for any questions specific to your workplace .

We’re delighted to welcome Vanessa Goodman to our team as a Senior Solicitor based in our Tauranga office. Vanessa brings a wealth of legal expertise and a reputation for her exceptional people skills. She is particularly skilled in resolving complex employment matters with both sensitivity and efficiency—often achieving favourable outcomes through negotiation or mediation. Her calm, strategic approach and deep understanding of employment law make her a valuable asset to our clients and our wider team.  Outside of work, Vanessa embraces the coastal lifestyle that Tauranga offers. She enjoys walking her dog, spending time with friends, and expressing her love for music and dancing. To stay active, she frequents the gym and regularly participates in pilates, yoga, and aerial fitness classes. Please join us in giving Vanessa a warm welcome—we’re thrilled to have her on board!

Legislation regarding trial periods is consistently updating, and we have updated this article to better understand employer and employee obligations...

As of 27 August 2025, a new law—the Employment Relations (Employee Remuneration Disclosure) Amendment Act—gives employees the right to talk about their pay if they want to. Consequently, employers can’t take action against staff for sharing their salary details. If an employee is treated unfairly (like being dismissed or negatively impacted at work) because they talked about their pay, they can raise a personal grievance under the Act. What this means for employers: Pay secrecy clauses in employment agreements are no longer valid. If you still have them in your templates, it’s time to remove them. If you’re thinking about starting a disciplinary process because someone shared their pay, stop and get advice first. Need help updating your agreements or navigating this change? We’re here to support you. Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.

Join us at our next 1-hour free webinar on workplace law, where we’ll provide an update on recent employment and immigration law changes. This session will cover: Legislation that has passed, is in progress, or has been signalled Key developments relevant to practitioners advising on employment and immigration matters Practical guidance to help employers stay competitive and manage risk and compliance in today’s evolving business landscape This session will provide practical guidance to ensure employers remain competitive in the current market and manage risk and compliance appropriately amidst the ever-changing landscape that business faces. Details Date : Thursday 18 September 2025 Time : 10.30am - 11.30am Cost : Free Online : Via Teams. Please register to be sent a link Register here

Immigration New Zealand ( INZ ) and the government continue to make changes in the in the New Zealand visa, employer compliance, and investment visa spaces. We have set out below a summary of some of the changes: Business Investor Visa While we have previously helped with many successful Entrepreneur Work and Residence applications, we are glad that the government have made changes to the category via the closure of the Entrepreneur Work and Residence categories (effective from 25 August 2025) and introduction of the Business Investor Visa Category ( BIV ) which is planned to be opened in November 2025. The full BIV policy requirements have not been released yet. The information released so far (from the government and media outlets) on requirements includes: A core requirement for applicants to: Invest NZD1 million into an existing business and meet requirements over 3 years; or Invest NZD 2million into an existing business and meet requirements over 12 months. Requirements for businesses that are invested into include a requirement: To have been in operation for five years; To meet financial thresholds; Have at least five full time New Zealand citizen or resident visa staff. To not be of a type that is excluded from the scheme. Businesses of the following type are excluded: adult entertainment, convenience stores, discount/value stores, drop-shipping, fast food outlets, franchises, gambling, home-based businesses, immigration advisory services, and tobacco/nicotine During the 3 year and 12 month periods, businesses will need to: Create one full-time job for a New Zealand citizen or resident; Maintain employment of a minimum of five full time staff; Maintain an investment threshold; Be solvent. Requirements for applicants to: Remain in New Zealand for 184 days; Meet business experience requirements. Meet English language requirements. Meet health and character requirements. Be aged 55 years or younger. Have sufficient settlement/maintenance funds of potentially NZD500,000 (TBC). We suspect there will be further additional requirements released in the full policy and the devil will be in the detail. Likely policy inclusions include: A requirement to demonstrate lawful ability to earn or acquire funds used for investment and settlement. Requirements around unencumbered funds. An approval in principle process where applicant’s are assessed against requirements before investing funds into New Zealand. Active Investor Plus Balance and Growth Categories The introduction of the Active Investor Plus Growth and Balanced categories have continued to be positive, attracting high net worth investors. Recent changes were made in June 2025 to: Remove the 6-month time restriction that on-call investments can be placed in New Zealand bank accounts or term deposits for and replace it with a 25% cap on the amount of funds that can be placed in bank accounts and term deposits; Clarify the requirements for maintaining a level of funds in on-call investments. Clarify that where applicants utilise a discretionary investment management service, they are still subject to the on-call investment requirements. Infringements Between 1 April 2023 and 1 April 2025, INZ have issued approximately 136 infringements, totalling fines of $458,000 across the period. The total amount of fines issued for the 2023/24 year increased from NZD $63,000 to NZD $395,000 for the 2024/25 year. Employers should be vigilant to ensure that they continue to meet requirements to employ migrant workers in accordance with the conditions on the visas held by those migrant workers. Seasonal and Peak Work Visas INZ have introduced new Global Workforce Seasonal Visa ( GWSV ) and Peak Seasonal Visa ( PSV ) categories. GWSVs can be valid for up to 3 years and require a job check to be approved. Applicants supported for GSWVs need to have spent 3 months outside of New Zealand every year and hold relevant season work experience for 3 seasons in the last 6 years. Roles that can be supported using GWSVs include: Agricultural and Horticultural Mobile Plant Operator Agricultural Technician (for example sheep or animal pregnancy scanner) Chairlift Operator Tulip Grower Thoroughbred Yearling Preparer Snow Groomer Mountain or Glacier Guide Outdoor Adventure Instructor Primary Products Inspector Shearer Slaughterer Snow Sports Instructor Snow Maker Snowsport Equipment Technician Whitewater Rafting Guide Wine Maker Winery Senior Cellar Hand PSVs are valid for up to 7 months. After reaching the 7-month limit, visa holders must take a 4-month break before reapplying. Applicants need at least 1 season of relevant experience in the past 3 years and must hold comprehensive health insurance. There is no English language requirement, but employers must engage with or be endorsed by Work and Income. Roles that can be supported using PSVs include: Mussel or Oyster Farm Worker Calf Rearer Relief Milker Forestry Worker Meat Boner and Slicer Meat Process Worker Seafood Process Worker Winery Cellar Hand Wool Handler GWSV and PSV holders under both categories cannot support partners or dependent children for visas. Skilled Migrant Median rate On 18 August 2025, the residence median rate increased to $33.56 per hour. Residence rates indexed to the residence median rate have also been adjusted to match the increased rate. Parent Boost Visitor Visa opening On 29 September 2025, the new Parent Boost Visitor Visa will open. In essence, this category provides an interim solution to allow New Zealand citizens and resident visa holders to support parents for visitor visas that have a validity of 5 years. Requirements for the category include: For applicants to: Be outside of New Zealand when they apply and when their visa is granted; Meet health requirements. Medical waivers will not be considered. Be sponsored by an New Zealand citizen or resident visa adult child that meets requirements. Hold health insurance for the duration of their stay in New Zealand. Meet conditions including conditions to provide updated medical certificates as part of a vid-visa check. For one of the following requirements to be met: Have parents with a single parent income of NZD $32,611.28 or couple income of NZD $49,552.88 a year before tax. Have parents with sufficient funds. A single parent must have at least NZD $160,000 in available funds A couple must have at least NZD $250,000 in available funds. Borrowed or gifted funds cannot be used. Where a single parent is being sponsored, the sponsoring adult child should have a: Single income that is at least the residence median wage of $33.56 per hour. Joint sponsor income that is at least NZD $104,707.20. For each additional parent, the required income increases by 0.5 times the median wage (an additional NZD $34,902.40 for each parent). Moving Forward The immigration space continues to change. Our team of specialists are ready to help with bespoke and practical advice and solutions on navigating the tricky and constantly changing immigration landscape. Please do not hesitate to contact us if you need help. Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.