Employment Leave Act: key changes to be aware of.
Importance of verifying working competence
Immigration Update - September 2026
On 20 August 2026, WorkSafe released a new prequalification template and position statement designed to bring some consistency to how construction businesses prove their health and safety credentials before they're hired. If your business engages contractors, or works as one, this is worth five minutes of your time. The problem WorkSafe was trying to fix Prequalification, the process by which a business checks a contractor's health and safety credentials before engaging them, has become its own compliance burden. WorkSafe heard from one contractor who completed 76 separate prequalifications in a single year, each with different questions, formats and evidence requirements. For some smaller operators, the cost of getting prequalified has started to exceed the value of the job itself, to the point where some have simply walked away from the work. Why prequalification exists in the first place The Health and Safety at Work Act 2015 works on the basis that multiple businesses often share the same workplace, and therefore share overlapping duties. On a construction site, that usually means a principal, a lead contractor and several subcontractors, all with their own duties running at the same time. Each of those businesses must, so far as is reasonably practicable, consult, cooperate and coordinate with everyone else they share a duty with. WorkSafe expects businesses to be able to point to the concrete steps they've taken to do this, and sound contractor management, including prequalification, is one of the main ways that gets demonstrated. What the new template actually offers The new template gives businesses a standard way to assess a contractor's general competence and their approach to managing health and safety risk, rather than each business inventing its own version. WorkSafe intends it to also work for government procurement, so that a contractor bidding for several public sector jobs isn't stuck completing a different form for every agency. What this means for your business If your business engages contractors, this is a good moment to line up your existing prequalification process against the new template and see where it can be simplified. The key principle carried through the guidance is proportionality: the depth of information you ask for should match the nature and risk of the work, not a single checklist applied to every contractor regardless of the job. Get in touch with our team about any technical health and safety management questions. 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 discuss t he latest legal developments and best practice approaches when conducting investigations covering: When and why you should investigate How to manage competing obligations Your obligations when responding to employee complaints How to manage employees through an investigation process When and how to engage an external investigator Making investigations findings; and Confidentiality and privacy concerns Details Date: Thursday 10 September 2026 Presenter: Kate Ashcroft Time: 10.30am - 11.30am Cost : Free Online : Via Teams. Please register to be sent a link Register here
The immigration space is never idle however, and with changes to across the New Zealand immigration space including the Recognised Seasonal Employer scheme. We set out below a summary of the changes. Recognised Seasonal Employer scheme The Recognised Seasonal Employer ( RSE ) scheme is set to undergo a significant recalibration beginning early next year. The changes will be implemented in stages, beginning early 2027 through to 2029. Immigration New Zealand ( INZ ) has confirmed that more information, including guidance for employers, will be shared before any changes take effect, with the next announcement to come in September 2026 around accommodation standards. INZ intends a simpler RSE accreditation process, with longer accreditation periods for those with a strong compliance record. A graduated accreditation system is planned, with all first-time employers to receive accreditation status for one year. An accreditation period of three years will be granted to employers with “compliance issues”, and six years for employers considered “exemplary”. A further incentive for employers will include a streamlined Agreement to Recruit process for those “endorsed” by the Ministry of Social Development ( MSD ). These employers will not need to show that they have advertised for the role or listed vacancies with MSD. We will release more information on guidelines around exemplary conduct standards, and standard costs for employers in future. Parent Resident Visa Category changes The current ballot system will be replaced by a new hybrid selection model from 5 October 2026, with the first selection taking place on 10 November 2026. The new model will see 90% of EOIs selected in chronological order, and the remaining 10% selected through ballot. Eligibility criteria remain the same. Those with current EOIs in the pool will be transitioned to the new system automatically. No new EOI lodgements are required. Under the new system, EOIs will no longer expire after 2 years. Comparable jurisdictions like Australia are seeing long wait times e.g. 5-7 years, depending on queue placement. Time will tell how long those in queue will have to wait. However, this is a very welcome change, and we are excited to see families reunited after significant time apart. Active Investor Plus improvements The Active Investor Plus Resident Visa has seen strong success since implementation of the new settings. As of 23 July 2026, 837 applications have been received, with 395 approved for a resident visa, 285 approved in principle, and 139 in progress. Only 18 have been withdrawn or declined, giving the visa a high success rate in addition to a quick turnaround of 36 working days. Building on this success, INZ have implemented minor amendments to facilitate greater clarity and certainty. Any borrowed funds must originate from the same jurisdiction as the nominated funds, with INZ defining a commercial lending institution as a “regulated entity that as part of its ordinary course of business, provides loans, credit, or other types of debt financing to individuals on commercial terms.” Investors must show that their nominated funds were earned or acquired lawfully, and any transfer of nominated funds must be completed lawfully through appropriate banking channels, which includes foreign exchange companies and money transfer businesses. In the case of gifted funds, these will need to be shown as being unconditional and complying with the laws of the country where it was made. Last but not least, legally binding agreements will now be sufficient for managed funds, with non-revocable agreements no longer being mandatory. Resident Visa health conditions list changes Hepatitis B and C have been removed from a list of conditions that deem a residence applicant to not be of an acceptable standard of health ( listed condition ), while past hospitalisations for psychiatric illnesses are no longer referenced as an automatic determinant of imposing cost or demand. Renal and hepatic disorders will now only be considered a listed condition if the disorder is severe and chronic or progressive. Similar cost immune-suppressant medications to Prednisone, Methotrexate, Azathioprine, Salazopyrin are captured as a listed condition for severe autoimmune disease purposes. Immigration (Enhanced Risk Management) Amendment Bill (ERM bill) The ERM bill has passed through select committee and is awaiting a second reading. Note recommendations from the select committee include: A change where deportation liability thresholds for residence class visa holders who commit criminal offences, where that offending occurs on or after the Bill is enacted be captured. Amendment where new thresholds apply to offending that has occurred pre-commencement, where a conviction (or guilty plea/finding of guilt) occurs on or post commencement. Online systems There have been several online system changes including: The moving of nearly all Visitor Visa products to Adept and turning off of the ability to submit Visitor Visa applications on IGMS. Guidance for new applications for family and dependents of temporary visa holders to be submitted on Adept. Moving forward The New Zealand immigration space continues to change and expect changes across 2026. 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.
The latest DLA Piper survey found that 53% of organisations in Australia and New Zealand have already encountered AI-related issues in workplace investigations, and more than two-thirds believe unfair dismissal claims linked to AI use are on the horizon. Whether employees are using AI to draft correspondence, analyse information, make decisions, or assist with workplace processes, employers need clear rules around what is permitted and what is not. We are offering a fixed-price AI Workplace Policy for $750 + GST to help businesses manage risk, protect confidential information, meet legal obligations, and provide staff with clear guidance on AI use. Get in touch with our team to implement a practical AI Policy that supports innovation while managing workplace risk.
On 13 July 2026, the Education and Workforce Select Committee ( Committee ) reported back on the Employment Leave Bill ( Bill ). This Bill is intended to replace the Holidays Act 2003. It establishes a new framework for leave, fundamentally changing how leave entitlements are determined, provided and calculated. You can read more about the original Bill in more detail in our article . The Committee recommended changes to reflect submissions received during the consultation process on the Bil. On 13 July 2026, the Committee recommended that the Bill is be passed by majority, with all amendments agreed unanimously. While the Committee found no issues with the Bill's overall legislative design, it recommended several amendments to clarify and refine the new leave framework before it is passed into legislation. On 29 July 2026, the Bill passed its third and final reading in Parliament. Following the recommendations from the Committee, no further changes can now be made. It is now awaiting Royal assent for it to be formally passed into law. We have summarised some of these key changes recommended by the Committee below: Notional Rosters
Health and safety reform is moving from policy debate to practical workplace impact. This article outlines the key changes introduced by the Health and Safety at Work Amendment Act 2026, including what they mean for small businesses, critical risk management, co-operation between duty holders, and the new approved codes of practice regime. The Health and Safety at Work Amendment Act 2026 passed into law on 9 July 2026 and is set to come into force on 1 April 2027, giving businesses time to understand the reforms and prepare for the practical changes ahead. The implementation period should be used to identify which parts of the business may fall within the amended duties, update internal responsibility maps, and plan any policy or training changes needed before commencement. Small Businesses A core aspect of the legislation is reduced health and safety obligations for small persons conducting a business or undertaking ( PCBU ). Small PCBUs are those who have less than 20 workers carrying out work for at least 9 months of the year. Small businesses will only have a duty to manage critical risks, rather than all risks. In practice, small PCBUs should still identify which hazards in their workplace meet the definition of a critical risk and ensure those risks are actively controlled, monitored, and reviewed. Critical Risks The Act introduces ‘critical risks’ being hazards that can result in death, occupational disease, harm to mental health or a notifiable, injury, illness or incident. Co-operation PCBUs sharing health and safety duties must now cooperate and coordinate activities, not just consult. Obligations apply on a dual speed basis by business size, from 1 April 2027. Small PCBUs (fewer than 20 workers) must cooperate and consult on critical risks only, those capable of causing death, serious injury, or serious illness. Cooperation on other risks is optional. Large PCBUs (20 or more workers) must cooperate, consult, and coordinate across all risks, so far as reasonably practicable. Mixed workplaces are subject to standard expectations bridging the two regimes, with the option of formal written cooperation agreements. Employers should factor business size into shared-site and contractor arrangements ahead of commencement.ACOPs The Act introduces a new regime for Approved Codes of Practice (ACOPs), practical guidance issued to help PCBUs and workers meet their health and safety duties. From 1 April 2027, parties other than the regulator, including industry groups, unions, worker representatives, employer organisations, and sector representatives, will be able to develop their own ACOPs for specific work practices. These must be submitted to WorkSafe, which decides whether they meet the criteria for Ministerial approval. Where a PCBU follows an approved code of practice, it is treated as having met its HSWA obligations in respect of the health and safety risk that code addresses. Looking Ahead Our team can help you assess how the Health and Safety at Work Amendment Act 2026 will affect your business, identify any changes needed to your policies, processes, training, and governance arrangements, and develop a practical plan to prepare before the Act comes into force. Please contact us if you would like tailored advice or support with reviewing and updating your health and safety framework. Disclaimer: This article provides general information about employment, health and safety, and related legal issues. It is not legal advice and should not be relied on for a specific situation. Please seek legal advice before making decisions about your workplace.
Employment Leave Act: key changes to be aware of.
Importance of verifying working competence
Immigration Update - September 2026
On 20 August 2026, WorkSafe released a new prequalification template and position statement designed to bring some consistency to how construction businesses prove their health and safety credentials before they're hired. If your business engages contractors, or works as one, this is worth five minutes of your time. The problem WorkSafe was trying to fix Prequalification, the process by which a business checks a contractor's health and safety credentials before engaging them, has become its own compliance burden. WorkSafe heard from one contractor who completed 76 separate prequalifications in a single year, each with different questions, formats and evidence requirements. For some smaller operators, the cost of getting prequalified has started to exceed the value of the job itself, to the point where some have simply walked away from the work. Why prequalification exists in the first place The Health and Safety at Work Act 2015 works on the basis that multiple businesses often share the same workplace, and therefore share overlapping duties. On a construction site, that usually means a principal, a lead contractor and several subcontractors, all with their own duties running at the same time. Each of those businesses must, so far as is reasonably practicable, consult, cooperate and coordinate with everyone else they share a duty with. WorkSafe expects businesses to be able to point to the concrete steps they've taken to do this, and sound contractor management, including prequalification, is one of the main ways that gets demonstrated. What the new template actually offers The new template gives businesses a standard way to assess a contractor's general competence and their approach to managing health and safety risk, rather than each business inventing its own version. WorkSafe intends it to also work for government procurement, so that a contractor bidding for several public sector jobs isn't stuck completing a different form for every agency. What this means for your business If your business engages contractors, this is a good moment to line up your existing prequalification process against the new template and see where it can be simplified. The key principle carried through the guidance is proportionality: the depth of information you ask for should match the nature and risk of the work, not a single checklist applied to every contractor regardless of the job. Get in touch with our team about any technical health and safety management questions. 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 discuss t he latest legal developments and best practice approaches when conducting investigations covering: When and why you should investigate How to manage competing obligations Your obligations when responding to employee complaints How to manage employees through an investigation process When and how to engage an external investigator Making investigations findings; and Confidentiality and privacy concerns Details Date: Thursday 10 September 2026 Presenter: Kate Ashcroft Time: 10.30am - 11.30am Cost : Free Online : Via Teams. Please register to be sent a link Register here
The immigration space is never idle however, and with changes to across the New Zealand immigration space including the Recognised Seasonal Employer scheme. We set out below a summary of the changes. Recognised Seasonal Employer scheme The Recognised Seasonal Employer ( RSE ) scheme is set to undergo a significant recalibration beginning early next year. The changes will be implemented in stages, beginning early 2027 through to 2029. Immigration New Zealand ( INZ ) has confirmed that more information, including guidance for employers, will be shared before any changes take effect, with the next announcement to come in September 2026 around accommodation standards. INZ intends a simpler RSE accreditation process, with longer accreditation periods for those with a strong compliance record. A graduated accreditation system is planned, with all first-time employers to receive accreditation status for one year. An accreditation period of three years will be granted to employers with “compliance issues”, and six years for employers considered “exemplary”. A further incentive for employers will include a streamlined Agreement to Recruit process for those “endorsed” by the Ministry of Social Development ( MSD ). These employers will not need to show that they have advertised for the role or listed vacancies with MSD. We will release more information on guidelines around exemplary conduct standards, and standard costs for employers in future. Parent Resident Visa Category changes The current ballot system will be replaced by a new hybrid selection model from 5 October 2026, with the first selection taking place on 10 November 2026. The new model will see 90% of EOIs selected in chronological order, and the remaining 10% selected through ballot. Eligibility criteria remain the same. Those with current EOIs in the pool will be transitioned to the new system automatically. No new EOI lodgements are required. Under the new system, EOIs will no longer expire after 2 years. Comparable jurisdictions like Australia are seeing long wait times e.g. 5-7 years, depending on queue placement. Time will tell how long those in queue will have to wait. However, this is a very welcome change, and we are excited to see families reunited after significant time apart. Active Investor Plus improvements The Active Investor Plus Resident Visa has seen strong success since implementation of the new settings. As of 23 July 2026, 837 applications have been received, with 395 approved for a resident visa, 285 approved in principle, and 139 in progress. Only 18 have been withdrawn or declined, giving the visa a high success rate in addition to a quick turnaround of 36 working days. Building on this success, INZ have implemented minor amendments to facilitate greater clarity and certainty. Any borrowed funds must originate from the same jurisdiction as the nominated funds, with INZ defining a commercial lending institution as a “regulated entity that as part of its ordinary course of business, provides loans, credit, or other types of debt financing to individuals on commercial terms.” Investors must show that their nominated funds were earned or acquired lawfully, and any transfer of nominated funds must be completed lawfully through appropriate banking channels, which includes foreign exchange companies and money transfer businesses. In the case of gifted funds, these will need to be shown as being unconditional and complying with the laws of the country where it was made. Last but not least, legally binding agreements will now be sufficient for managed funds, with non-revocable agreements no longer being mandatory. Resident Visa health conditions list changes Hepatitis B and C have been removed from a list of conditions that deem a residence applicant to not be of an acceptable standard of health ( listed condition ), while past hospitalisations for psychiatric illnesses are no longer referenced as an automatic determinant of imposing cost or demand. Renal and hepatic disorders will now only be considered a listed condition if the disorder is severe and chronic or progressive. Similar cost immune-suppressant medications to Prednisone, Methotrexate, Azathioprine, Salazopyrin are captured as a listed condition for severe autoimmune disease purposes. Immigration (Enhanced Risk Management) Amendment Bill (ERM bill) The ERM bill has passed through select committee and is awaiting a second reading. Note recommendations from the select committee include: A change where deportation liability thresholds for residence class visa holders who commit criminal offences, where that offending occurs on or after the Bill is enacted be captured. Amendment where new thresholds apply to offending that has occurred pre-commencement, where a conviction (or guilty plea/finding of guilt) occurs on or post commencement. Online systems There have been several online system changes including: The moving of nearly all Visitor Visa products to Adept and turning off of the ability to submit Visitor Visa applications on IGMS. Guidance for new applications for family and dependents of temporary visa holders to be submitted on Adept. Moving forward The New Zealand immigration space continues to change and expect changes across 2026. 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.
The latest DLA Piper survey found that 53% of organisations in Australia and New Zealand have already encountered AI-related issues in workplace investigations, and more than two-thirds believe unfair dismissal claims linked to AI use are on the horizon. Whether employees are using AI to draft correspondence, analyse information, make decisions, or assist with workplace processes, employers need clear rules around what is permitted and what is not. We are offering a fixed-price AI Workplace Policy for $750 + GST to help businesses manage risk, protect confidential information, meet legal obligations, and provide staff with clear guidance on AI use. Get in touch with our team to implement a practical AI Policy that supports innovation while managing workplace risk.
On 13 July 2026, the Education and Workforce Select Committee ( Committee ) reported back on the Employment Leave Bill ( Bill ). This Bill is intended to replace the Holidays Act 2003. It establishes a new framework for leave, fundamentally changing how leave entitlements are determined, provided and calculated. You can read more about the original Bill in more detail in our article . The Committee recommended changes to reflect submissions received during the consultation process on the Bil. On 13 July 2026, the Committee recommended that the Bill is be passed by majority, with all amendments agreed unanimously. While the Committee found no issues with the Bill's overall legislative design, it recommended several amendments to clarify and refine the new leave framework before it is passed into legislation. On 29 July 2026, the Bill passed its third and final reading in Parliament. Following the recommendations from the Committee, no further changes can now be made. It is now awaiting Royal assent for it to be formally passed into law. We have summarised some of these key changes recommended by the Committee below: Notional Rosters
Health and safety reform is moving from policy debate to practical workplace impact. This article outlines the key changes introduced by the Health and Safety at Work Amendment Act 2026, including what they mean for small businesses, critical risk management, co-operation between duty holders, and the new approved codes of practice regime. The Health and Safety at Work Amendment Act 2026 passed into law on 9 July 2026 and is set to come into force on 1 April 2027, giving businesses time to understand the reforms and prepare for the practical changes ahead. The implementation period should be used to identify which parts of the business may fall within the amended duties, update internal responsibility maps, and plan any policy or training changes needed before commencement. Small Businesses A core aspect of the legislation is reduced health and safety obligations for small persons conducting a business or undertaking ( PCBU ). Small PCBUs are those who have less than 20 workers carrying out work for at least 9 months of the year. Small businesses will only have a duty to manage critical risks, rather than all risks. In practice, small PCBUs should still identify which hazards in their workplace meet the definition of a critical risk and ensure those risks are actively controlled, monitored, and reviewed. Critical Risks The Act introduces ‘critical risks’ being hazards that can result in death, occupational disease, harm to mental health or a notifiable, injury, illness or incident. Co-operation PCBUs sharing health and safety duties must now cooperate and coordinate activities, not just consult. Obligations apply on a dual speed basis by business size, from 1 April 2027. Small PCBUs (fewer than 20 workers) must cooperate and consult on critical risks only, those capable of causing death, serious injury, or serious illness. Cooperation on other risks is optional. Large PCBUs (20 or more workers) must cooperate, consult, and coordinate across all risks, so far as reasonably practicable. Mixed workplaces are subject to standard expectations bridging the two regimes, with the option of formal written cooperation agreements. Employers should factor business size into shared-site and contractor arrangements ahead of commencement.ACOPs The Act introduces a new regime for Approved Codes of Practice (ACOPs), practical guidance issued to help PCBUs and workers meet their health and safety duties. From 1 April 2027, parties other than the regulator, including industry groups, unions, worker representatives, employer organisations, and sector representatives, will be able to develop their own ACOPs for specific work practices. These must be submitted to WorkSafe, which decides whether they meet the criteria for Ministerial approval. Where a PCBU follows an approved code of practice, it is treated as having met its HSWA obligations in respect of the health and safety risk that code addresses. Looking Ahead Our team can help you assess how the Health and Safety at Work Amendment Act 2026 will affect your business, identify any changes needed to your policies, processes, training, and governance arrangements, and develop a practical plan to prepare before the Act comes into force. Please contact us if you would like tailored advice or support with reviewing and updating your health and safety framework. Disclaimer: This article provides general information about employment, health and safety, and related legal issues. It is not legal advice and should not be relied on for a specific situation. Please seek legal advice before making decisions about your workplace.
Since our last update, Immigration New Zealand ( INZ ) has rolled out a variety of amendments across a range of categories, with more to come. We have summarised information in respect to some of the changes. Administrative changes – English language On 1 June 2026, English language requirements were extended to Accredited Employer Work Visa ( AEWV ) applications for skill level 3 roles. However, these are not required for the Global Workforce Seasonal Visa, the Peak Seasonal Visa, or for job change applications. Applicants may meet requirements through citizenship, working and studying, or by taking an acceptable English language test. The amendment does not apply retroactively. Existing visas, employment and lengths of stay, will not be affect while the visa remains valid. Key transitional arrangements are also in place to ensure those currently holding an AEWV are not disadvantaged by the new rules. There will be two exemptions: those currently holding an AEWV expiring on or before 1 December 2026 and applying for a new AEWV for a skill level 3 role are exempt from new requirements, and those currently holding an AEWV who have already provided evidence of English language as part of a previous AEWV application. Administrative changes – police certificates On 1 July 2026, INZ provided clarity around processing guidelines for police certificates. Police certificates must be provided upfront and should not generally be substituted by a receipt or confirmation of application. Where the required police certificate is not included with the application, there is a risk that the vis application will be declined or granted for a shorter period. For onshore applicants who have not yet spent 24 months in New Zealand, a short timeframe (5 working days) may be granted to provide the police certificate. Changes to the Business Investor Work Visa Starting 6 July 2026, the range of eligible investments for the Business Investor Work Visa expands to include franchise businesses. Applicants will also be able to purchase nominated businesses through a New Zealand resident entity, and use gifted funds and assets where lawfully earned. Changes to the Pathway Student Visa Starting 20 July, Pathway Student Visa conditions will only specify the tertiary qualification and education providers. While Year 12 and 13 students will still need to confirm their subject area, level and provider, this allows Pathway Student Visa holders to change disciplines where approved by the provider, without needing to apply for a new Student Visa. Where courses form part of a planned study pathway, international students will be able to study up to three courses, one after the other, on the same visa. International students will also be able to use the Pathway Student Visa for study pathways which lead to or move between New Zealand Qualifications and Credentials Framework ( NZQCF ) levels 1-4, including foundation programmes, vocational certificates, and English language study. For first time holders moving to NZQCF levels 1-8, the time they may spend studying English before starting their next qualification increases from 20 to 30 weeks. Only eligible education providers can support students for this type of student visa. Changes to the Skilled Migrant Category Resident Visa On 24 August, two new pathways will be introduced under the Skilled Migrant Category, each with its own tailored eligibility criteria. The Trades and Technicians pathway will require those in a specified trade or technical role to have a relevant Level 4 qualification and four years of directly relevant work experience, while the Skilled Work Experience pathway will require five years of relevant skilled work experience. We had previously provided information on these pathways and the new information here is the date the policy comes into effect, which has been confirmed as 24 August 2026. Introduction of the Short-term Graduate Work Visa On 16 November 2026, a new post-study work visa will be introduced. A Short-term Graduate Work Visa ( SGWV ) gives holders six months of open work rights to look for work and transition to an AEWV where appropriate. The visa cannot be extended, and holders cannot apply for a second SGWV, and applications for a SGWV must be made within three months of a New Zealand student visa expiring. To be eligible for an SGWV, applicants will need to hold an NZQCF qualification at Level 5-7 which was studied full-time in New Zealand for at least 24 weeks. The qualification must not make them eligible for a Post Study Work Visa ( PSWV ), and must not be an English language, foundation or bridging qualifications. Applicants will need at least NZD $5000 available to support themselves and must not have held a previous PSWV. Holders of a SGWV will not be able to support a partner work visa or dependent child visas and cannot undertake business ownership. Changes to the Post Study Work Visa On 16 November, PSWV eligibility will be extended to graduates who have completed a graduate diploma at NZQCF level 7. Applicants will need to have been enrolled in that qualification and studied full-time in New Zealand for the full duration of the qualification. They will also need to hold a bachelor’s degree. The bachelor’s degree may be completed in New Zealand or offshore, and there is no time limit on when this was awarded. People who have previously held a PSWV will not be eligible for a second one. Possible changes to Parent Visas Parent Category visas remain under review, with announcements expected by the end of August 2026. Moving forward The New Zealand immigration space continues to change and expect changes across 2026. 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.
Employment Leave Act: key changes to be aware of.
Importance of verifying working competence
Immigration Update - September 2026
On 20 August 2026, WorkSafe released a new prequalification template and position statement designed to bring some consistency to how construction businesses prove their health and safety credentials before they're hired. If your business engages contractors, or works as one, this is worth five minutes of your time. The problem WorkSafe was trying to fix Prequalification, the process by which a business checks a contractor's health and safety credentials before engaging them, has become its own compliance burden. WorkSafe heard from one contractor who completed 76 separate prequalifications in a single year, each with different questions, formats and evidence requirements. For some smaller operators, the cost of getting prequalified has started to exceed the value of the job itself, to the point where some have simply walked away from the work. Why prequalification exists in the first place The Health and Safety at Work Act 2015 works on the basis that multiple businesses often share the same workplace, and therefore share overlapping duties. On a construction site, that usually means a principal, a lead contractor and several subcontractors, all with their own duties running at the same time. Each of those businesses must, so far as is reasonably practicable, consult, cooperate and coordinate with everyone else they share a duty with. WorkSafe expects businesses to be able to point to the concrete steps they've taken to do this, and sound contractor management, including prequalification, is one of the main ways that gets demonstrated. What the new template actually offers The new template gives businesses a standard way to assess a contractor's general competence and their approach to managing health and safety risk, rather than each business inventing its own version. WorkSafe intends it to also work for government procurement, so that a contractor bidding for several public sector jobs isn't stuck completing a different form for every agency. What this means for your business If your business engages contractors, this is a good moment to line up your existing prequalification process against the new template and see where it can be simplified. The key principle carried through the guidance is proportionality: the depth of information you ask for should match the nature and risk of the work, not a single checklist applied to every contractor regardless of the job. Get in touch with our team about any technical health and safety management questions. 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 discuss t he latest legal developments and best practice approaches when conducting investigations covering: When and why you should investigate How to manage competing obligations Your obligations when responding to employee complaints How to manage employees through an investigation process When and how to engage an external investigator Making investigations findings; and Confidentiality and privacy concerns Details Date: Thursday 10 September 2026 Presenter: Kate Ashcroft Time: 10.30am - 11.30am Cost : Free Online : Via Teams. Please register to be sent a link Register here
The immigration space is never idle however, and with changes to across the New Zealand immigration space including the Recognised Seasonal Employer scheme. We set out below a summary of the changes. Recognised Seasonal Employer scheme The Recognised Seasonal Employer ( RSE ) scheme is set to undergo a significant recalibration beginning early next year. The changes will be implemented in stages, beginning early 2027 through to 2029. Immigration New Zealand ( INZ ) has confirmed that more information, including guidance for employers, will be shared before any changes take effect, with the next announcement to come in September 2026 around accommodation standards. INZ intends a simpler RSE accreditation process, with longer accreditation periods for those with a strong compliance record. A graduated accreditation system is planned, with all first-time employers to receive accreditation status for one year. An accreditation period of three years will be granted to employers with “compliance issues”, and six years for employers considered “exemplary”. A further incentive for employers will include a streamlined Agreement to Recruit process for those “endorsed” by the Ministry of Social Development ( MSD ). These employers will not need to show that they have advertised for the role or listed vacancies with MSD. We will release more information on guidelines around exemplary conduct standards, and standard costs for employers in future. Parent Resident Visa Category changes The current ballot system will be replaced by a new hybrid selection model from 5 October 2026, with the first selection taking place on 10 November 2026. The new model will see 90% of EOIs selected in chronological order, and the remaining 10% selected through ballot. Eligibility criteria remain the same. Those with current EOIs in the pool will be transitioned to the new system automatically. No new EOI lodgements are required. Under the new system, EOIs will no longer expire after 2 years. Comparable jurisdictions like Australia are seeing long wait times e.g. 5-7 years, depending on queue placement. Time will tell how long those in queue will have to wait. However, this is a very welcome change, and we are excited to see families reunited after significant time apart. Active Investor Plus improvements The Active Investor Plus Resident Visa has seen strong success since implementation of the new settings. As of 23 July 2026, 837 applications have been received, with 395 approved for a resident visa, 285 approved in principle, and 139 in progress. Only 18 have been withdrawn or declined, giving the visa a high success rate in addition to a quick turnaround of 36 working days. Building on this success, INZ have implemented minor amendments to facilitate greater clarity and certainty. Any borrowed funds must originate from the same jurisdiction as the nominated funds, with INZ defining a commercial lending institution as a “regulated entity that as part of its ordinary course of business, provides loans, credit, or other types of debt financing to individuals on commercial terms.” Investors must show that their nominated funds were earned or acquired lawfully, and any transfer of nominated funds must be completed lawfully through appropriate banking channels, which includes foreign exchange companies and money transfer businesses. In the case of gifted funds, these will need to be shown as being unconditional and complying with the laws of the country where it was made. Last but not least, legally binding agreements will now be sufficient for managed funds, with non-revocable agreements no longer being mandatory. Resident Visa health conditions list changes Hepatitis B and C have been removed from a list of conditions that deem a residence applicant to not be of an acceptable standard of health ( listed condition ), while past hospitalisations for psychiatric illnesses are no longer referenced as an automatic determinant of imposing cost or demand. Renal and hepatic disorders will now only be considered a listed condition if the disorder is severe and chronic or progressive. Similar cost immune-suppressant medications to Prednisone, Methotrexate, Azathioprine, Salazopyrin are captured as a listed condition for severe autoimmune disease purposes. Immigration (Enhanced Risk Management) Amendment Bill (ERM bill) The ERM bill has passed through select committee and is awaiting a second reading. Note recommendations from the select committee include: A change where deportation liability thresholds for residence class visa holders who commit criminal offences, where that offending occurs on or after the Bill is enacted be captured. Amendment where new thresholds apply to offending that has occurred pre-commencement, where a conviction (or guilty plea/finding of guilt) occurs on or post commencement. Online systems There have been several online system changes including: The moving of nearly all Visitor Visa products to Adept and turning off of the ability to submit Visitor Visa applications on IGMS. Guidance for new applications for family and dependents of temporary visa holders to be submitted on Adept. Moving forward The New Zealand immigration space continues to change and expect changes across 2026. 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.
The latest DLA Piper survey found that 53% of organisations in Australia and New Zealand have already encountered AI-related issues in workplace investigations, and more than two-thirds believe unfair dismissal claims linked to AI use are on the horizon. Whether employees are using AI to draft correspondence, analyse information, make decisions, or assist with workplace processes, employers need clear rules around what is permitted and what is not. We are offering a fixed-price AI Workplace Policy for $750 + GST to help businesses manage risk, protect confidential information, meet legal obligations, and provide staff with clear guidance on AI use. Get in touch with our team to implement a practical AI Policy that supports innovation while managing workplace risk.
On 13 July 2026, the Education and Workforce Select Committee ( Committee ) reported back on the Employment Leave Bill ( Bill ). This Bill is intended to replace the Holidays Act 2003. It establishes a new framework for leave, fundamentally changing how leave entitlements are determined, provided and calculated. You can read more about the original Bill in more detail in our article . The Committee recommended changes to reflect submissions received during the consultation process on the Bil. On 13 July 2026, the Committee recommended that the Bill is be passed by majority, with all amendments agreed unanimously. While the Committee found no issues with the Bill's overall legislative design, it recommended several amendments to clarify and refine the new leave framework before it is passed into legislation. On 29 July 2026, the Bill passed its third and final reading in Parliament. Following the recommendations from the Committee, no further changes can now be made. It is now awaiting Royal assent for it to be formally passed into law. We have summarised some of these key changes recommended by the Committee below: Notional Rosters
Health and safety reform is moving from policy debate to practical workplace impact. This article outlines the key changes introduced by the Health and Safety at Work Amendment Act 2026, including what they mean for small businesses, critical risk management, co-operation between duty holders, and the new approved codes of practice regime. The Health and Safety at Work Amendment Act 2026 passed into law on 9 July 2026 and is set to come into force on 1 April 2027, giving businesses time to understand the reforms and prepare for the practical changes ahead. The implementation period should be used to identify which parts of the business may fall within the amended duties, update internal responsibility maps, and plan any policy or training changes needed before commencement. Small Businesses A core aspect of the legislation is reduced health and safety obligations for small persons conducting a business or undertaking ( PCBU ). Small PCBUs are those who have less than 20 workers carrying out work for at least 9 months of the year. Small businesses will only have a duty to manage critical risks, rather than all risks. In practice, small PCBUs should still identify which hazards in their workplace meet the definition of a critical risk and ensure those risks are actively controlled, monitored, and reviewed. Critical Risks The Act introduces ‘critical risks’ being hazards that can result in death, occupational disease, harm to mental health or a notifiable, injury, illness or incident. Co-operation PCBUs sharing health and safety duties must now cooperate and coordinate activities, not just consult. Obligations apply on a dual speed basis by business size, from 1 April 2027. Small PCBUs (fewer than 20 workers) must cooperate and consult on critical risks only, those capable of causing death, serious injury, or serious illness. Cooperation on other risks is optional. Large PCBUs (20 or more workers) must cooperate, consult, and coordinate across all risks, so far as reasonably practicable. Mixed workplaces are subject to standard expectations bridging the two regimes, with the option of formal written cooperation agreements. Employers should factor business size into shared-site and contractor arrangements ahead of commencement.ACOPs The Act introduces a new regime for Approved Codes of Practice (ACOPs), practical guidance issued to help PCBUs and workers meet their health and safety duties. From 1 April 2027, parties other than the regulator, including industry groups, unions, worker representatives, employer organisations, and sector representatives, will be able to develop their own ACOPs for specific work practices. These must be submitted to WorkSafe, which decides whether they meet the criteria for Ministerial approval. Where a PCBU follows an approved code of practice, it is treated as having met its HSWA obligations in respect of the health and safety risk that code addresses. Looking Ahead Our team can help you assess how the Health and Safety at Work Amendment Act 2026 will affect your business, identify any changes needed to your policies, processes, training, and governance arrangements, and develop a practical plan to prepare before the Act comes into force. Please contact us if you would like tailored advice or support with reviewing and updating your health and safety framework. Disclaimer: This article provides general information about employment, health and safety, and related legal issues. It is not legal advice and should not be relied on for a specific situation. Please seek legal advice before making decisions about your workplace.
Since our last update, Immigration New Zealand ( INZ ) has rolled out a variety of amendments across a range of categories, with more to come. We have summarised information in respect to some of the changes. Administrative changes – English language On 1 June 2026, English language requirements were extended to Accredited Employer Work Visa ( AEWV ) applications for skill level 3 roles. However, these are not required for the Global Workforce Seasonal Visa, the Peak Seasonal Visa, or for job change applications. Applicants may meet requirements through citizenship, working and studying, or by taking an acceptable English language test. The amendment does not apply retroactively. Existing visas, employment and lengths of stay, will not be affect while the visa remains valid. Key transitional arrangements are also in place to ensure those currently holding an AEWV are not disadvantaged by the new rules. There will be two exemptions: those currently holding an AEWV expiring on or before 1 December 2026 and applying for a new AEWV for a skill level 3 role are exempt from new requirements, and those currently holding an AEWV who have already provided evidence of English language as part of a previous AEWV application. Administrative changes – police certificates On 1 July 2026, INZ provided clarity around processing guidelines for police certificates. Police certificates must be provided upfront and should not generally be substituted by a receipt or confirmation of application. Where the required police certificate is not included with the application, there is a risk that the vis application will be declined or granted for a shorter period. For onshore applicants who have not yet spent 24 months in New Zealand, a short timeframe (5 working days) may be granted to provide the police certificate. Changes to the Business Investor Work Visa Starting 6 July 2026, the range of eligible investments for the Business Investor Work Visa expands to include franchise businesses. Applicants will also be able to purchase nominated businesses through a New Zealand resident entity, and use gifted funds and assets where lawfully earned. Changes to the Pathway Student Visa Starting 20 July, Pathway Student Visa conditions will only specify the tertiary qualification and education providers. While Year 12 and 13 students will still need to confirm their subject area, level and provider, this allows Pathway Student Visa holders to change disciplines where approved by the provider, without needing to apply for a new Student Visa. Where courses form part of a planned study pathway, international students will be able to study up to three courses, one after the other, on the same visa. International students will also be able to use the Pathway Student Visa for study pathways which lead to or move between New Zealand Qualifications and Credentials Framework ( NZQCF ) levels 1-4, including foundation programmes, vocational certificates, and English language study. For first time holders moving to NZQCF levels 1-8, the time they may spend studying English before starting their next qualification increases from 20 to 30 weeks. Only eligible education providers can support students for this type of student visa. Changes to the Skilled Migrant Category Resident Visa On 24 August, two new pathways will be introduced under the Skilled Migrant Category, each with its own tailored eligibility criteria. The Trades and Technicians pathway will require those in a specified trade or technical role to have a relevant Level 4 qualification and four years of directly relevant work experience, while the Skilled Work Experience pathway will require five years of relevant skilled work experience. We had previously provided information on these pathways and the new information here is the date the policy comes into effect, which has been confirmed as 24 August 2026. Introduction of the Short-term Graduate Work Visa On 16 November 2026, a new post-study work visa will be introduced. A Short-term Graduate Work Visa ( SGWV ) gives holders six months of open work rights to look for work and transition to an AEWV where appropriate. The visa cannot be extended, and holders cannot apply for a second SGWV, and applications for a SGWV must be made within three months of a New Zealand student visa expiring. To be eligible for an SGWV, applicants will need to hold an NZQCF qualification at Level 5-7 which was studied full-time in New Zealand for at least 24 weeks. The qualification must not make them eligible for a Post Study Work Visa ( PSWV ), and must not be an English language, foundation or bridging qualifications. Applicants will need at least NZD $5000 available to support themselves and must not have held a previous PSWV. Holders of a SGWV will not be able to support a partner work visa or dependent child visas and cannot undertake business ownership. Changes to the Post Study Work Visa On 16 November, PSWV eligibility will be extended to graduates who have completed a graduate diploma at NZQCF level 7. Applicants will need to have been enrolled in that qualification and studied full-time in New Zealand for the full duration of the qualification. They will also need to hold a bachelor’s degree. The bachelor’s degree may be completed in New Zealand or offshore, and there is no time limit on when this was awarded. People who have previously held a PSWV will not be eligible for a second one. Possible changes to Parent Visas Parent Category visas remain under review, with announcements expected by the end of August 2026. Moving forward The New Zealand immigration space continues to change and expect changes across 2026. 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.
