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.
Immigration New Zealand have released the final version of the revamped Skilled Migrant Category ( SMC ) Resident Visa which includes the Trade and Technician pathway, and non 6 point Skilled Work Experience pathway. The changes are due to take effect on 24 August 2026 and will be relevant for employers with migrant workers that don’t have Bachelor’s qualifications and who don’t work in occupations that require registration. Summary of residence the traditional 6 point Skilled Migrant Category There have been several changes to the traditional 6 point Skilled Migrant Category after 24 August 2026. The changes include: Applicants will only need to meet the SMC wage threshold that applied when they started accruing their skilled work experience. This is different from the current approach, which considers also the wage threshold when a residence application is submitted. The change will allow migrant workers who met the SMC wage threshold when they started work in New Zealand to meet residence requirements without need to meet a higher SMC wage threshold when they submit their SMC residence application. Self-employment/contractor work experience cannot be used to claim work experience. Introduction of a new grace period rule. This is for situations a work visa has been approved but a migrant worker has not yet started work on their approved work visa and the SMC median wage rate increases. The grace period applies if the SMC median wage rate increases within 5 months of a worker being granted their AEWV, providing an exemption to use the SMC median wage rate in effect when the work visa is approved. Shorter periods of work experience for bachelor’s degree and higher qualification holders. Requiring applicants to have a bachelor’s qualifications in certain scenarios if they are claiming 5 or 6 points of a qualification. Summary of residence the Skilled Work Experience pathway The Skilled Work Experience pathway is aimed at people who are working, or have a job offer, in a ANZSCO skill level 1-3 skilled role that is not on the red list. To qualify, applicants will generally need to: work in, or have a job offer for, an ANZSCO skill level 1 to 3 occupation paid at least 1.1 times the Skilled Migrant Category wage threshold; have at least three years of relevant work experience in an ANZSCO skill level 1 to 3 occupation; and have a further two years of skilled work experience in New Zealand, paid at least 1.1 times the SMC median wage. Employers that would like to utilise this pathway should take care around: The Red list: Migrant workers working in roles on the Red list cannot apply for residence under the new non 6 point Skilled Work Experience pathway. The Amber list: Migrant workers working in Amber list roles need to be paid at least a higher 1.2x multiplier for their skilled work experience in New Zealand. Summary of residence the Trades and Technician pathway The Trades and Technician pathway is aimed at people in specified trades and technician roles. To qualify, applicants will generally need to: Work on one of the roles listed here: https://www.immigration.govt.nz/live/resident-visas-to-live-in-new-zealand/skilled-residence-pathways-in-new-zealand/skilled-migrant-category-pathway-to-residence/eligible-roles-for-the-smc-trades-and-technician-pathway-august-2026/ . If a role is not listed, this category cannot be used. Hold a directly relevant Level 4 or higher qualification. Have at least 4 years of directly relevant work experience after gaining that qualification with 1.5 years gained in full time employment in New Zealand being paid at least the SMC wage threshold. Have a further 1.5 years of post-qualification skilled work experience in New Zealand, paid at least the SMC wage threshold. What this means for employers and migrants The immigration landscape continues to change, and further updates are expected across 2026. Employers should consider whether key migrant workers may be affected by the new settings, particularly where those workers are in trade, technician or skilled work experience roles. Migrants who are planning a residence pathway should also review their position before the changes take effect. Our immigration specialists can provide practical advice on the options available and help you plan next steps. Disclaimer: This article provides general commentary on employment, health and safety, and immigration matters. It is not a substitute for legal or professional advice about your specific circumstances. Please seek legal advice if you have questions about your workplace or immigration position.
New Zealand has introduced a new criminal offence for stalking and harassment. The Crimes Legislation (Stalking and Harassment) Amendment Act 2025 came into force on 26 May 2026. For the first time, stalking is expressly recognised as a criminal offence. This is important because stalking often involves repeated behaviour that may not look serious when each incident is viewed on its own, but can cause significant fear, distress and harm over time. The need for reform was highlighted after the Independent Police Conduct Authority found failures in the police response before the murder of 21-year-old law student Farzana Yaqubi in 2022. The new offence is intended to close a gap between existing options such as protection orders, restraining orders and remedies under the Harmful Digital Communications Act. What counts as stalking or harassment? A person may commit the offence if they carry out two or more specified acts within a two-year period, and know that their behaviour is likely to cause fear or distress. These acts can include: watching, following or loitering near a person; unwanted or persistent contact; digital surveillance; doxxing (publishing of personal information without consent); and undermining a person’s reputation, opportunities or relationships. The maximum penalty per offence is five years’ imprisonment. Police notices Police can issue a written notice if they reasonably believe a person has carried out behaviour that has caused, or is likely to cause, fear or distress. The notice tells the person to stop the behaviour and warns that further conduct may amount to a criminal offence. If the behaviour continues, the notice can help show that the person knew their conduct was likely to cause fear or distress. Intimate visual recordings The Act also gives courts powers to deal with intimate visual recordings connected to the offending. This can include orders to hold those recordings during the trial and, where appropriate, to have them destroyed. What does this mean for employers? Employers should take reports of stalking or harassment seriously, including conduct that happens online or outside the physical workplace but affects work (eg between colleagues outside of work or at the workplace). Depending on the circumstances, employers may need to refer the matter to police, investigate internally, and manage any health and safety or related disciplinary issues. Failing to act may expose an employer to claims such as unjustified disadvantage or constructive dismissal and raise health and safety concerns. Looking ahead New Zealand’s legal framework continues to evolve. Further developments are expected throughout 2026, and employers should review their policies and processes to ensure they can respond promptly and appropriately to reports of stalking or harassment. Our team can provide practical advice on how the new law may affect your workplace and how you can ensure your policies and training reflect the changes. Please contact us if you would like assistance. 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.
On appeal, the High Court has now confirmed the conviction of Ports of Auckland CEO Anthony Gibson for breaching his due diligence duty under the Health and Safety at Work Act 2015 ( HSWA ). This decision is important for all employers, not just large organisations. It reinforces a clear message: Having policies and systems is not enough, leaders must actively ensure that safety controls are working in practice. Background The case arose from a fatal accident in August 2020 where a worker, Pala’amo Kalati, was killed by a falling container while working near an operating crane. Although the Ports of Auckland admitted to safety failures, Maritime New Zealand continued to prosecute the CEO personally for his role relating to the incident. Mr Gibson was fined $130,000 and he was ordered to pay $60,000 in costs. The High Court’s Findings The Court accepted that Mr Gibson: was committed to health and safety introduced multiple safety initiatives invested in systems and resources Despite the business having systems in place, they were ineffective in practice, particularly in monitoring work, and how it was done. Specifically, exclusion zones, employee monitoring and health and safety responses were inadequate. Whether an officer has adequately exercised due diligence is an objective assessment based on what a reasonable officer would do in the circumstances. Outcome The High Court found that the District Court Judge’s cost award of $60,000 was appropriate and within the correct range given the nature of the case, the amount of the fine and the actual legal costs incurred. The penalty of $130,000 was also upheld, with the combined sanction being found as not manifestly excessive. Key Takeaways for Employers This case highlights several important principles for employers: Delegation does not remove officer responsibility. Officers are accountable for failure to ensure that policies are being applied in practice regardless of how they are delegated. There is increased scrutiny on officer’s conduct in large organisations and the serious consequences that they may personally be liable for. Boards should consider what processes are in place that ensure that policies and plans are being followed in practice. 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.
A recent Human Rights Review Tribunal decision is a useful reminder that employers and other agencies must take care when handling complaints about employees, even where urgent safety concerns are involved. What happened? In NJK v Civil Aviation Authority of New Zealand ( CAA ), the CAA received an allegation that a commercial pilot had been drinking shortly before an international flight. The CAA quickly passed that information to the Australian aviation regulator, which led to the pilot being temporarily stood down and required to undergo a medical assessment. The allegation was later shown to be false. The Tribunal found the CAA had disclosed incomplete and misleading information and had not taken reasonable steps to ensure the information was accurate, complete and not misleading before using or disclosing it. The Tribunal also found the CAA was not justified in withholding the informant’s identity in the circumstances, particularly given evidence suggesting the complaint was vexatious and made using a false identity. Outcome The CAA was ordered to provide unredacted information to the pilot and pay $19,000 in compensation, made up of $7,000 for loss of a benefit and $12,000 for injury to feelings. Key message for employers Urgency does not remove privacy obligations. Before acting on or sharing allegations about an employee, employers should check that the information is accurate, complete and fairly presented. Partial or misleading disclosures can create significant privacy and employment risks. Employers should also ensure they have a fit-for-purpose privacy policy, a Privacy Officer, and managers who understand how privacy duties apply in day-to-day decision-making. Need to review your privacy policy, or don’t have one in place? Send us your current policy and we can provide a fixed price to update it. Alternatively, our best practice Privacy Policy is available for $500 plus GST. We can also provide bespoke privacy training for managers. 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.
Drafting an Individual Employment Agreement ( IEA ) should not slow you down. We have built a new tool to make the process simple, fast, and reliable. It is called the AMM IEA Builder. How it works You complete a short online form. The builder then populates a draft IEA based on your answers. Before you finalise anything, you can preview the draft, check every detail, and go back to fix any errors. The result is an IEA that is accurate, complete, and aligned with the information you provide. Available at launch Two agreement types are ready to use now: Permanent agreement for a new employee Variation to a permanent agreement Fixed term and casual employment agreements are coming next. We expect to release them later this month or in early June. Specialised provisions Some roles need tailored provisions. Please contact us directly if you need any of the following: An availability clause Tools of trade arrangements Bonus or commission schemes An agreement for a high income earner (over $200,000 per year) These provisions require tailored advice. That is how we make sure they are lawful, enforceable, and appropriate for the role. How to access To access the IEA builder, please fill in our form here and we will send you a letter of engagement and generate a link that will be emailed to you. Launch offer To support the launch, we are offering a complimentary review of your first IEA generated through the builder. If you have questions, need support at any point or a customised IEA, you can contact AMM directly on 07 262 0489 for a 15 minute free discussion about an IEA. You can learn more about the builder and read our FAQs on our website. 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.
Our team recently hosted a webinar covering the fundamentals of employment law, along with the key legislative changes employers are navigating this year. Christie McGregor led the session, walking through the basics and what the reforms mean in practice. The message was clear: employment, privacy, health and safety, and immigration law are all changing. A "wait and see" approach is not a strategy. Employers who get ahead of these changes will be in a better position. The webinar covered the recruitment process, choosing the right relationship (including contracting), getting employment agreements right, and how to handle personal grievances and restructures. A recording is available on request. Employment Relations Amendment Act 2026 Contractor Gateway Test The new Contractor Gateway Test gives businesses greater certainty when engaging contractors. Five criteria must be met for the test to be met. If your agreements and working practices align with the test, you are in a much more defensible position. If you use contractors, now is the time to review those arrangements. The test is an opportunity to have more watertight arrangements, but only if your contracts and practices actually reflect it. High Income Threshold Employees earning over $200,000 in total remuneration (including salary, allowances, overtime, and bonuses) are now excluded from raising personal grievance claims. The change came into effect on 21 February 2026. For existing employees in this bracket, a 12-month transitional period applies, unless otherwise agreed. For new employees it applies from day 1. Employers will need to think carefully about their position on no fault termination, contractual protections, dispute resolution, and termination exposure for this group, while still being competitive in attracting senior talent. Employment agreements for high earners will need careful consideration. Serious Misconduct Dismissals Changes to remedies for serious misconduct dismissals and around contributory conduct will influence how employers approach disciplinary processes and personal grievance defence. Clear, documented definitions of serious misconduct matter more than ever. Review yours now. Other Changes • The 30-day rule for collective agreement coverage has been removed. • Employees on 90-day trial periods can no longer bring unjustified disadvantage claims. Employment Leave Bill The recently introduced Employment Leave Bill proposes significant change from the Holidays Act. For example, it proposes moving from a week-based entitlement system to an accrual-based model. Here is what is proposed. Annual and Sick Leave Both annual leave and sick leave would accrue from an employee's first day, based on standard hours worked. Part-time employees would accrue less sick leave overall as a result. Bereavement and Family Violence Leave These entitlements remain day-based and continue to be available from the first day of employment. Casual Employees The current entitlement to sick leave after six months would be removed. In its place, casual employees would receive a leave compensation payment of 12.5% of their ordinary hourly pay (for annual and sick leave). Key Takeaways Multiple reforms are already in force and others are progressing. Employers who take a proactive approach in 2026 will be best placed to manage risk, control costs, and make more confident people decisions. Now is the time to review your agreements, policies, and practices, before these changes become disputes. Fixed Price Offers To help you meet your obligations, we are offering the following fixed price solutions: Compliant Contract for Services Template: $1,500 + GST New Best Practice Handbook: $3,500 + GST Includes all recent legislative changes, best practice policies, and forms. The Handbook covers: • Standards of dress • Benefits • Privacy (including data breach guidance) • Filming and photography at work • Leave • Expenses • Performance review process • Electronic communications • Mobile phone use • Criminal record checks for airfreight roles • Travel • Driving and vehicle use • Bullying, harassment and discrimination • Drug and alcohol testing • Disciplinary process To take advantage of any of these offers, get in touch at info@ammlaw.co.nz 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.
