Ashcroft Mitchell McGregor

Devil is in the Detail - Holidays Act Reform

Thu, 26 Mar 2026 22:25:12 GMT

The Employment Leave Bill was Introduced on 9 March 2026 and is set to replace the Holidays Act 2003. It has been referred to the Education and Workforce Committee and is due for a second reading by 13 July 2026.

Problems with the Holidays Act 2003 are well known. This Bill has been described as achieving a simpler regime, with reduced administrative burden and compliance costs. The Bill includes a two-year transition period for employers to adapt to the new regime.

Annual Leave

Under the Bill annual leave will now accrue from an employee’s first day of work, at a minimum rate of 0.0769 hours per standard hour of work. Annual leave also accrues during periods of paid statutory leave, parental leave, volunteer leave, and jury service. Annual leave will not accrue while receiving compensation from ACC. Annual leave is recorded in hours (not weeks) and balances are not adjusted if the number of standard hours changes (e.g. a person changes from full to part time).

Sick Leave

Under the Bill sick leave will accrue from an employee’s first day of work, at a minimum rate of 0.0385 hours per standard hour of work. Employees can accumulate up to 160 hours (20 days for a standard 8 hour day, 5 days a week). Sick leave is taken in hours against standard hours and additional hours (e.g. hours worked under an availability provision or hours beyond those that are contracted that an employee can refuse).

Bereavement Leave and Family Violence Leave

These remain day-based entitlements but arise from the employee’s first day of employment. Employees may take part-days of these entitlements (e.g. a half day to attend a funeral).

Employees with Multiple Roles

Employees who perform multiple roles with the same employer will carry separate leave balances based on the hours worked in each role.

New Casual Leave Payment Plan

A new Leave Compensation Payment ( LCP ) scheme is proposed to replace the current pay as you go holidays scheme. This covers not just annual, but also sick leave entitlements, meaning a casual worker cannot access annual or paid sick leave, being paid ‘as you go’. This is a significant change. The LCP is set at 12.5% of an employee’s ordinary hourly rate, paid for all causal hours worked.

Otherwise Working Day Test - Variable Employees

An otherwise working day ( OWD ) test is created for determining entitlement to paid public holidays, this is for employees who do not have fixed days of work in their employment agreement. A day is an OWD if the employee has worked (or was on leave) for 50% or more of the same day of the week as the public holiday in the preceding 13 weeks.

Key Takeaways for Employers

The Bill changes holiday accrual compliance fundamentally and employers will need to be informed and ready to comply. We recommend that at this stage that employers:

Consider the makeup of their workforce and the degree to which they will be impacted (e.g. high casual workforce)
Consider the readiness of their payroll systems or payroll provider to ensure that they can ensure a smooth transition.
Review leave entitlements in employment agreement and policies, noting that changes may be needed now to ensure the employer has not unintentionally created contractual entitlements.

Our team can assist with your leave compliance, including updating employment agreements and policies, as well as assisting with employee communications around the changes once they are implemented.

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.

Immigration Update - March 2026

Thu, 26 Mar 2026 01:28:00 GMT

Immigration New Zealand ( INZ ) has announced changes to the Skilled Migrant Category ( SMC ) Resident Visa that will help employers retain skilled workers and support long-term economic growth. These changes are set to take effect from August 2026. While a raft of changes have been announced, the full policy is not yet been released. We have summarized information in respect to the changes.

Two new residence pathways are set to be introduced.

Skilled Work Experience Pathway

This pathway is for migrants in skilled roles (ANZSCO skill level 1 to 3) with at least 5 years of directly relevant work experience, including 2 years in New Zealand earning at least 1.1 times the median wage.

Trades and Technician Pathway

This pathway is for migrants who:

work in specified ANZSCO skill level 1 to 3 trades and technician occupations.
who hold a relevant Level 4 or above qualification, and
who have at least 4 years of directly relevant experience gained post qualification, including 1.5 years in New Zealand earning at least the SMC median wage.

English language

English language test results will be valid for 5 years for applicants who hold a recognised occupational registration.

Amber List

If a migrant wishes to apply under one of the two new skilled pathways but works in an occupation on the Amber List, they must meet additional eligibility requirements of:

At least 5 years of relevant eligible work experience in New Zealand; including
2 years of skilled work experience earning at least 1.2 times the SMC median wage.

Red List

If a migrant wishes to apply under one of the two new skilled pathways but works in an occupation on the Red List, they will not be eligible.

Wage Settings

Migrants will only need to meet the SMC median wage specific to their pathway when they start gaining skilled work experience and maintain at least that rate when applying for residence. The changes also introduce a grace period for situations where the SMC median wage increases before a migrant starts work. If a migrant begins skilled work experience within 5 months of their work visa being granted, the wage threshold that applied on the day the visa was granted will be used.

Extension of Accredited Employer Work Visa

Migrants who need up to 12 additional months of skilled work experience will be able to apply to extend their visa to complete it. This extension ability is scheduled to be introduce in 2027.

Qualification Points

New Zealand degrees will now provide 1 more qualification point than for those completed overseas. With an exception for doctoral and some master’s degrees. Applicants must provide:

1. The qualification certificate; and

2. an International Qualification Assessment ( IQA ) if the qualification was gained overseas and is not on the List of Qualifications Exempt from Assessment ( LQEA ).

Quicker pathway to claiming 6 points

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 .

Privacy Act Amendment: New Indirect Collection Obligations from 1 May 2026

Tue, 24 Mar 2026 21:44:17 GMT

Amendments to the Privacy Act 2020 will come into force on 1 May 2026, introducing a new Information Privacy Principle – IPP 3A. This change strengthens transparency obligations where personal information is collected indirectly, that is, from someone other than the individual concerned.

The new principle is particularly relevant for employers and agencies who regularly receive personal information via recruiters, referrers, other professional advisers, or third‑party agencies.

What does IPP 3A require?

Under IPP 3A, if an agency collects personal information about an individual from a third party, it must notify the individual as soon as practicable after collection.

The notification must include:

confirmation that the individual’s personal information has been collected
the purpose for which the information was collected
who will receive the information
the agency’s contact details
whether the collection is required or authorised by law
the individual’s rights to access and request correction of their information. This is a new and explicit obligation and goes beyond the previous general transparency requirements under IPP 3.

Key exceptions

IPP 3A does not apply in limited circumstances, including where:

the information is publicly available
collection is required or authorised by law
notification would prejudice national security or reveal trade secrets. These exceptions should be applied carefully and, on a case-by‑case basis.

Common workplace scenarios

By way of example, IPP 3A will generally apply where personal information is received:

through recruitment agencies
from a client organisation about its employees
from another government agency, unless a statutory exception applies.
It will not apply where information is sourced solely from publicly available material, such as LinkedIn profiles.

What should employers and agencies do now?

In light of the new requirements, the practical “to do list” includes:

Review and update privacy policies to address indirect collection and IPP 3A notification obligations.
Update internal procedures to ensure individuals are notified promptly when information is received from third parties.
Review templates and terms , including letters of engagement and contractor documentation, to ensure IPP 3A is appropriately reflected.
Include IPP 3A in privacy training and compliance advice.

Agencies should ensure not only that their documentation is compliant, but that their practices in reality align with the new notification requirements.

If you would like assistance updating your privacy policies, templates, or training materials, please contact us .

Managing Illness in the Workplace: What Employers Need to Know

Tue, 24 Mar 2026 21:36:03 GMT

Illness in the workplace is a regular part of running any orga nisation, but managing it well is essential to meeting both your employment law and your health and safety obligations. Getting this balance right supports staff, protects productivity, and reduces legal risk.

Employment Law

From an employment law perspective, employers must approach illness issues fairly, reasonably, and with good faith. Below are four key points.

Use sick leave correctly

Employees are entitled to sick leave when they are unwell or caring for a dependant. Employers can request medical proof after three consecutive days of absence (or earlier if the employment agreement allows and the employer covers the cost).

Avoid making assumptions about health conditions

Employers must not jump to conclusions about an employee’s ability to work. Before considering any change to duties, performance expectations, or employment status, seek medical information through a fair process, always with the employee’s consent.

Manage long-term or repeated illness carefully

Where illness impacts an employee’s ability to perform their role, employers may need to start a medical incapacity process. This must include:

Clear communication
Access to relevant medical information
Consideration of reasonable adjustments
Genuine consultation before decisions are made

A poor‑process incapacity dismissal is a most common sources of unjustified dismissal claims.

Protect employee privacy

Health information is sensitive information. Collect only what is reasonably necessary, store it securely, and share it strictly on a need‑to‑know basis.

Health and Safety Law

Under the Health and Safety at Work Act, businesses must ensure the health and safety of workers so far as is reasonably practicable. This extends to managing risks associated with illness.

Prevent the spread of illness in the workplace

Employers must take reasonable steps to ensure unwell staff do not pose a risk to others, particularly in roles involving vulnerable clients or high‑risk environments.

Address psychosocial risks

Work‑related stress, fatigue, burnout and mental illness are recognised workplace hazards, and WorkSafe expects businesses to manage them like any other risk. That includes:

Monitoring workload
Ensuring adequate staffing levels
Providing access to support
Responding early to signs of stress or deterioration

Support a safe return to work

A staged or modified return to work may be reasonably practicable and can reduce future injury or illness. Collaboration between the employer, employee, and medical professionals is key.

Lead by example

Managers play an important role in building a culture where people feel safe to stay home when sick, take breaks, and disclose health issues early.

Where the Two Frameworks Meet

Employment law focuses on fair process and rights, while health and safety law focuses on risk management. The crossover is significant:

A failure to manage stress or workload can become both a bullying/personal greivance risk and a WorkSafe issue.
Requiring an unwell employee to work can breach health and safety obligations and create an unjustified disadvantage.
Managing illness well supports productivity, wellbeing, and retention.

Need Help?

We regularly assist clients with medical incapacity processes, managing fatigue and stress in the workplace, bullying policies and policy reviews. If you’d like advice or tailored training for your managers, our team can help .

Immigration Update - February 2026

Fri, 27 Feb 2026 00:50:56 GMT

Immigration New Zealand ( INZ ) and the government continue to make changes in the New Zealand visa, employer compliance, and investment visa spaces, we don’t anticipate a slowdown in changes. 

Skilled Residence Median Wage  

We had set out in our January 2026 update that INZ were looking at a new skilled residence median wage rate. INZ have now advised that from 9 March 2026, the immigration median wage will increase to NZD $35.00 per hour. This will impact all policy that is indexed to the skilled residence median wage rate including e.g. threshold for pay required to support partners and residence policy that references the skilled residence median wage rate.

Further National Occupation List roles introduced under AEWV setting

An additional 47 roles with skill levels 1 to have been introduced under the wider shift from ANZSCO to use of the National Occupation List ( NOL ) for AEWV applications.

More stringent processing of AEWVs

We are seeing more stringent processing of AEWVs, in particular when INZ assesses work experience documentation provided by applicants. It is possible INZ will continue with more stringent processing of work experience documentation submitted with visa applications.

Changes to Open Work Visa Conditions

From 20 April 2026, newly issued open work visas will have conditions that do not allow them to employ other people—either directly, or indirectly through a business they operate as an owner (including where the business is the named employer). Current conditions around barring open work visa holders from providing commercial sexual services, or to run or invest in a business that provides commercial sexual service will also continue to apply.

In addition, Working Holiday Visa holders will be required to work for a employer, as an employee under an employment agreement or a contract for services. Working Holiday Visa holders will not be allowed to operate a business.

Moving Forward

New Bill Proposes Significant Changes to Health and Safety

Thu, 26 Feb 2026 22:20:44 GMT

The Health and Safety at Work Amendment Bill ( HSWA Bill ) has been introduced to Parliament, intended to reduce compliance costs while refocusing the system on “critical risks”.

In this article we explain the key proposed changes and what this means for businesses.

Focusing the System on Critical Risks

The Bill seeks to change the purpose and focus of health and safety legislation from a system that requires all risks to be managed to a system focusing on critical risks.

The Bill also presents a new definition for “critical risks” across two categories:

Hazards already subject to strict specialist regulatory frameworks — for example, asbestos, hazardous chemicals, mining operations, and major hazard sites — along with other common workplace risks that are already covered by existing regulations.
Hazards likely to result in death, notifiable illness or injury, notifiable incident or occupational disease.

Proportional Duties for Small PCBU’s

The Bill proposes that small PCBUs (less than 20 workers) will only need to manage critical risks, (rather than all workplace risks), while still meeting the minimum standards for worker wellbeing.

All other PCBUs will be required to prioritise critical risks over other risks.

Prioritising a critical risk means managing, monitoring, reviewing and revising the critical risk more frequently. PCBUs will also be able to apply a higher proportion of management resources to critical risks over other risks.

Exception for Earthquake‑Prone Buildings

The Bill creates a specific carve‑out for earthquake‑prone buildings. It states that if a building owner is meeting their obligations under the Building Act 2004, the PCBU does not need to take additional steps in relation to the seismic risks associated with that building, or any affected part of it, that forms part of the workplace. This includes actions such as ordering an evacuation, unless an actual emergency involving the building is underway.

Officer Duties

Under the HSWA officers, such as directors, partners, CEOs (and others with significant influence over the management of the PCBU) have due diligence obligations.

The Bill proposes changes to the scope of officers’ due diligence obligations. Specifically, it clarifies that where a person holds more than one position (such as being both a director and a chief executive), their due diligence duty applies only to their capacity as an officer. The Bill also revises the current due diligence criteria by introducing a defined and comprehensive set of requirements.

Regulators Functions

The Bill also proposes changes to WorkSafe’s functions (and designated regulators, for example Maritime NZ and Civil Aviation Authority) to the following core functions:

Provide guidance, advice, and information on compliance with relevant health and safety legislation;
Develop, review, and recommend approved codes of practice ( ACOP ) and safe work instruments; and
Monitor and enforce compliance with relevant health and safety legislation.

ACOPs Reform

ACOPs set out standards for duty holders compliance with the HSWA and regulations by providing detail on how to meet the standard of “reasonably practicable” in managing specific risks. Up to this point, development of ACOPs has been restricted to WorkSafe, but the intent is to expand this to encompass ACOPs prepared by employer and industry representatives. Draft ACOPs will then be sent to WorkSafe for review before being approved by the Minister. ACOPs will remain non-binding.

Notifications

The Bill seeks to add clarity around the duty to notify the regulator of certain serious incidents by broadening the existing definitions and incorporating specific examples — such as significant head injuries, serious eye trauma, major burns, and spinal injuries — to help clarify when the threshold for notification is met.

Key Takeaways for Employers

Government has signalled an intention to progress these changes with the current term, however the Bill is at early stages and will need to be considered by a select committee before progressing. We will report on its progression and any proposed changes.

In the meantime, the existing provisions of the HSWA continue to apply and all duty holders should comply with these obligations until any changes become law.

Employment Relations Amendment Act 2025

Thu, 26 Feb 2026 22:17:39 GMT

The Employment Relations Amendment Act 2025 ( Act ) has now been passed, effective 21 February 2026, implementing several consequential changes to the Employment Relations Act 2000, specifically:

Contractor gateway test changes
Lowering personal grievance ( PG ) remedies for contributing behaviour of the employee
The removal of PG claims for high earners
Rules relating to collective agreements for new employees.

For employers, the “to do list” given the amendments includes:

Review and update any contractor agreements .

The Act creates a new legislative gateway for contracting agreements. To ensure that the contractor is not an employee, the Act requires:
that the written agreement specifies that the person in question is not an employee but rather an independent contractor.
the person is not restricted from performing work for any other person except for while they are working for the other party to the contract.
the person can subcontract the work.
the arrangement cannot be terminated for refusal of additional work.
the person had reasonable opportunity to seek independent advice before entering into the arrangement.
It is important that these new requirements are reflected in any new contracting arrangements that you make and that how contracting arrangements work in practice also aligns with these criteria.

Update the serious misconduct definitions in any employment agreements and policy documents.

The presence of contributing serious misconduct will now prevent an employee claiming lost wages and damages for hurt and humiliation if they bring a personal grievance claim in respect of dismissal for this conduct.
Employers should ensure definitions in agreements and policies are drafted to ensure maximum reliability for defence of any claims raised.

Update offer documents for new employees earning over $200,000 and set a plan to change current employment arrangements within the 12 month transition period.

Employees earning over $200,000 total renumeration will now be excluded from personal grievance rights for unjustified dismissal or unjustified disadvantage claims relating to the dismissal.
Employers will need to decide whether or not to exclude these new changes in the relevant employment agreements and can expect negotiation with new employees earning at this level over dispute resolution, as well as with existing employees in this income bracket during the transition period.

Collective Agreements for New Employees

It is important to update any offer documents/templates th at are to be sent to future employees, if there is an applicable collective agreement in place.
Employees are no longer automatically covered by any present collective agreement for the first 30 days of their employment.
Employers are still required to inform the employee that the collective agreement exists, that they may join and how they can do so.

Our team of specialists are ready to help with bespoke and practical advice and solutions on navigating the changing employment law environment. If you need any assistance with updating your policies, employment agreements or offer letters, please let us know.

District Court Sets Aside WorkSafe Improvement Notice

Thu, 29 Jan 2026 03:11:07 GMT

In late 2025, the District Court set aside an improvement notice issued by WorkSafe to Pharmalink Extracts Limited ( PEL ). The notice related to alleged failures to comply with provisions of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (Regulations).

Background

PEL uses extraction processes to obtain materials from natural materials like krill and green shell mussels.

One of the extraction processes uses a mixture of carbon dioxide and ethanol under very high pressure and heat. This mixture, known as CO₂‑expanded ethanol ( CXE ), is contained inside sealed equipment. In these conditions, CXE does not behave like liquid ethanol and does not carry the same fire risk.

Despite this, in November 2024, a WorkSafe inspector issued an improvement notice because it believed ethanol, a flammable liquid, was being used in a building at PEL’s site that did not meet required safety standards.

The notice said PEL must either upgrade the building to meet those standards or apply for a regulatory exemption.

The Appeal

PEL challenged the notice in court. It said the substance used in the extraction equipment was CXE, not ethanol. PEL explained that if there were a leak, the real risk would be a flammable gas or vapour, not a liquid, and that this risk was already being properly managed.

PEL also argued that forcing it to follow rules for flammable liquids would interfere with its existing safety systems and could make things less safe for workers. For that reason, it said WorkSafe’s approach did not align with the purpose of health and safety law.

The Court’s Findings

The Court looked at whether WorkSafe’s decision to issue the improvement notice was unreasonable. It found that WorkSafe had misunderstood the regulations by focusing on how ethanol is classified in isolation, rather than on what substance was actually being used by PEL. process.

Based on expert evidence, the Court accepted that the substance in use was CXE, which behaves differently from liquid ethanol. If a leak occurred, the real risk would be a flammable gas or vapour, not a liquid, so gas‑based controls were the correct safety measures.

The Court found that WorkSafe relied on the wrong considerations and ignored relevant evidence by treating the process as if it involved separate ethanol and CO₂ under normal conditions. It also rejected the idea that WorkSafe could default to ethanol’s classification simply because CXE does not have its own formal classification.

Importantly, the Court held that WorkSafe’s approach conflicted with the purpose of health and safety law, as it would have required safety controls that increased, rather than reduced, risk. For those reasons, the improvement notice was found to be unreasonable and was set aside.

Practical Implications for PCBUs

For PCBUs, the case confirms that health and safety compliance must be based on the substance and risks that actually exists in practice , not just the classification of component.

Further, controls must be matched to the real hazard posed by the process, as applying incorrect controls can increase risk rather than reduce it.

Where operations are complex or novel, early expert evidence is critical to explain how the process works and what risks genuinely arise.

Immigration Update - January 2026

Thu, 29 Jan 2026 01:24:56 GMT

Immigration New Zealand ( INZ ) and the government continue to make changes in the New Zealand visa, employer compliance, and investment visa spaces, we don’t anticipate a slowdown in changes.

We have set out below a summary of changes that have already been implemented and what we anticipate seeing in 2026:

Deportation Liability

INZ will likely introduce policy or law that expands deportation liability of resident visa holders who commit serious offences, potentially allowing historic crimes committed before arriving in New Zealand to trigger deportation liability and make other deportation liability related changes. These changes will likely impact temporary and residence visa holders in New Zealand.

AEWV changes

INZ will likely provide more information in 2026 on the shift from using ANZSCO to the National Occupation List ( NOL ) this year. Currently only 87 or so new occupations from the NOL have been incorporated into the AEWV scheme which still predominantly uses ANZSCO.

Skilled Residence Median Wage

The current Skilled Residence Median Wage rate of $33.56 for the Skilled Migrant Category reflects the June 2024 publication of median wage data by Statistics New Zealand. Statistics New Zealand published a new a Median hourly earnings from wages and salaries of $35.00 for the June 2025 quarter. It is likely that INZ will provide clarification later this year on whether the new June 2025 median wage will be adopted as the new Skilled Residence Median Wage rate or not.

Changes to the Skilled Migrant Category Resident Visa

The Skilled Migrant Category will be expanded to allow more skilled migrant workers to apply for residence earlier and after August 2026, through changes that expand eligibility through the skilled work experience pathway and trades and technician pathway. We anticipate that the full policy with changes will be released before August 2026.

RSE changes

INZ have announced a new approach to accommodation costs for Recognised Seasonal Employer ( RSE ) workers that will take effect from April 2026. Under the new system, weekly rent caps will range from NZD $150 to NZD $211, depending on the quality and features of the accommodation. Characteristics such as the number of people sharing a bedroom, the age of the building, and bathroom proximity and type of access from bedrooms will determine the allowable rent.

Employers will also need to table care around recovering the actual cost of providing accommodation and make sure that recovery is compliant with New Zealand’s employment laws, including the Minimum Wage Act and the Wages Protection Act.

Moving Forward

The New Zealand immigration space continues to change, and we 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.

Case update: Arranging meetings with employees

Tue, 27 Jan 2026 00:49:53 GMT

Employment Court: YFR v Reserve Bank of New Zealand / Te Pūtea Matua

Background

YFR, a Payments and Clearance Officer, was employed by the Reserve Bank of New Zealand (Bank) on a 10 month Fixed Term Agreement (FTA). Four weeks prior to end of the FTA, YFR applied for jobs and asked her manager and a supervisor to be referees, which was agreed to. The Bank’s policy advised that references were to be provided on a personal basis and not on behalf of the Bank.

YRF was offered a role in another company subject to satisfactory pre-employment checks including references. At the conclusion of those checks, the company withdrew its offer. YFR was surprised and upset at this, particularly when it became obvious to her that it was as a result of a negative reference check process, when she was advised by the company that she should refrain from using her manager and her supervisor as references in the future. The Court found that when her manager was asked if she would re-employ YFR, she had said she would not.

YFR then sent a number of angry Teams messages to her manager and supervisor, accusing them of “backstabbing” her and the next day she apologised for her comments, however by then and the matter had been escalated to HR with concerns over YFR’s wellbeing as well as the manager’s own wellbeing.

HR organised a 15-minute “catch up” to discuss her wellbeing, without fully clarifying the purpose of the meeting.

YFR left and later raised a personal grievance for unjustified disadvantage alleging her inability to return to the workplace and say goodbye to her colleagues caused her considerable distress.

Claims

YRF alleged three events caused her to be unjustifiably disadvantaged. The questions before the Court were whether the Bank unjustifiably disadvantaged YFR:

When it met with her for the “catch up” on her wellbeing?
By removing her access to its systems after this?
By failing to respond to her representative’s email seeking her return to the workplace?

Did the Bank unjustifiably disadvantage YFR by the catch up meeting?

The Court reviewed how the meeting was set up and the content of the meeting and commented that:

Nature and purpose of the meeting

YFR was not offered a support person
YFR was not told that the Bank was going to propose she be placed on paid leave, which was more significant than just an informal conversation to check on her wellbeing
The email arranging the meeting was not clear that it was YFR’s wellbeing that was going to be discussed, and YFR thought it was to discuss her manager’s wellbeing.

Conduct and content of the meeting

The Bank described the relationship between YFR and her manager as “damaged and broken”
The meeting that was meant to be 15 minutes but went on for 45 minutes
YFR was given two options to move forward, to be placed on paid leave for the remaining three weeks of her FTA or if she continued working, the Bank would commence a disciplinary process; and
YFR became upset and ended the call by saying she needed to speak to her union.

The Court held, in summary, that:

YFR was disadvantaged by how the meeting was set up and its content. Not being offered a support person was a serious flaw in its process considering YFR’s history of requiring a support person in highly stressful situations particularly due to her neurodivergent background.

While it was open to the Bank to describe the relationship as “damaged”, it was premature and unjustified to describe it as “broken down” in the absence of any formal process. YFR feeling like she had no choice but to go on leave after the meeting was caused by the Bank’s actions that were inconsistent with its obligations of good faith including, in particular, being active and constructive in maintaining a productive employment relationship.

Did the Bank unjustifiably disadvantage YFR by removing her access to its systems?

The Bank then removed access to systems for YFR because she sent messages in the team chat saying:

The Bank was attempting to constructively dismiss her;
She was going to take the Bank “to the cleaners”; and
HR had bullied and intimidated her, and that she was “disgusted”.

The Court held that the Bank invited her to a meeting after to discuss the temporary suspension from services and had previously sent her a letter of expectation about appropriate online communications and not using the team chat to raise personal work concerns or potentially controversial views or feedback. As such, its actions to temporarily remove access were not unreasonable and did not disadvantage YFR.

Did the Bank unjustifiably disadvantage YFR by failing to respond to her representative’s email seeking her return to the workplace?

YFR’s lawyer then, wrote to the Bank, noting that YFR had reconsidered her position, and wanted to return to work rather than leave before her fixed term employment finished. By separate email a without prejudice proposal was made.

The Bank did not respond to the first email but responded to the second one on the assumption that the second email superseded the first one. The Court accepted this considering YFR’s lawyer did not follow up with the Bank for a response and held YFR was not disadvantaged by this action .

Remedies

Compensation for hurt and humiliation: YFR sought $50,000 as compensation but the Court awarded $15,000, reduced by 15% for her contribution to $12,750.
Other Claims: Claims for lost earnings of $105,000 arising from not being able to work for 18 months after termination and that YFR had to move to Australia to find work were raised. However YFR was paid until the end of her FTA and as a result did not lose wages. As such the claim for lost wages failed.

Key Takeaways for Employers

Informal Meetings: When matters are unlikely to progress to more serious outcomes or formal measures, employers can meet with an employee to discuss any minor employment concerns for the purposes of facilitating a constructive discussion. However, employers should be consider the employee’s possible reaction or impact for them, with the information being delivered, in deciding how best to arrange these and whether support should be allowed. Employers are expected to tailor their approach to the employee’s needs, as part of good faith duties, and this case highlights the importance of considering, for example, neurodivergence and other relevant factors for an employee.
Sensitive Meetings: When holding sensitive meetings where there may be a need to commence a formal process or discuss potential changes to employment arrangements with employees, ensure that there is clear communication on the purpose of the meeting, and provide the option of having a support person and/or independent advice ahead of the meeting.
Asking an employee to go on leave: Paid special leave or suspension should be proposed to the employee with sufficient time to comment and obtain advice before any arrangements are agreed to, and the lawfulness of this depends on contractual entitlements to this and the circumstances.
Always Document: Ensure you provide your employee with clear documentation such as a meeting invitation letter, providing them sufficient information on the purpose of the meeting and what will be discussed. All meetings with employees should be documented with meeting notes to prevent any misunderstandings or confusion on what was discussed.

How can we help?

Need advice on how best to engage with employees or on strategy to address concerns? We can help!

Contact our team for more information.

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.

What’s on the Horizon – Time for Change

Mon, 22 Dec 2025 20:49:16 GMT

2025 has been a year of sweeping reform, and as we close out the year, we know for sure that there will be more changes to come across workplace law in 2026.

In 2025, minimum wage climbed, parental leave expanded, privacy obligations tightened, and pay transparency became law. Immigration rules shifted, KiwiSaver changes were locked in, and major proposals are queued for 2026.

Our view is the changes so far are creating a lot of “noise” for employers, and compliance with these will be a focus for 2026 with a number of pretty major and all new concepts becoming law. However, not much has happened that really “moves the needle” for employers in terms of making managing workplace obligations easier, which is perhaps surprising given the current government make up.

At high level, we recommend employers stay informed on the laws which will be enacted and take effect in 2026, because the signalled shifts really are in the need to know category, and employers will need advice about what this means for their workplace and to ensure they have a strategy to address the changes.

Employment

Top highlights for Employment are:

The Contractor Gateway test – this will mean all contractor arrangements need review, to take advantage of the certainty that will be available and to avoid the currently very common contractor status challenges (like, the Uber case recently decided by the Supreme Court)
Holidays Act Reform - a new Employment Leave Act is on the horizon, with draft legislation expected early 2026, likely allowing two-year implementation window. This will affect all employers
PG exclusions for high earners – all employers with employees in the high earning category will need to decide strategically how they’ll handle this, including considering what it will mean for disputes with those who are excluded
Compulsory KiwiSaver contribution increases – this is coming in April 2026, and impacts the 75% of employers who do not take a “total remuneration” approach
Ending employment by agreement – Select Committee changes have added strict regulations to the concepts introduced in this private members bill, and if it passes, employers will need to carefully work through how they can take lawfully advantage of having direct discussions about ending employment with employees

A number of changes to the Employment Relations Amendment Bill have now been made following Select Committee review, with progression to enactment expected in early 2026.

Privacy

From May 2026, new Privacy Principle IPP3A will require businesses to notify individuals when collecting personal information indirectly. This change strengthens transparency and accountability in data handling and applies to all agencies, including private employers, and we’re seeing more and more privacy complaints and claims, especially where employees are progressing PGs or challenging employment process. Employers need to understand privacy duties, have appropriate policies in place, and ensure staff are trained on what this all means for them.

Immigration

The Immigration Amendment Act introduced broader levy settings and compliance powers.

Ministers now have authority to cancel residence visas for security threats and grant visas in exceptional cases.
Deportation liability for residence visa holders convicted of crimes was clarified, and a new offence prohibits charging migrants premiums for employment.

Beyond this, immigration policy is evolving.

Skilled Migrant Category changes will shorten work periods and create new pathways for those without bachelor’s degrees (policy due early 2026).
The Business Investor Visa offers residence for those investing at least NZD $1 million and meeting tax residency requirements.
Active Investor Plus Visa applications reached 491 by December and are expected to grow.
Accredited Employer Work Visa rules shifted to market rates, with redesigned Job Check forms, increased compliance checks, and new NOL roles for future ANZSCO transitions.

Health and Safety

Last but not least, Government has signalled broad policy changes to health and safety for 2026, but we are waiting for details on what this may mean and for any draft Bills. Watch this space!

Message for Employers

2026 promises further reform with Government indicating it want to implement these changes pre-Election.

We therefore recommend:

· Auditing current policies and agreements.

· Update payroll and compliance systems.

· Auditing the immigration policies and clauses.

· Seeking legal advice to inform strategy to deal with the changes

· Providing training for staff on what these mean for them and their roles

Looking to stay ahead of workplace law changes? Our upcoming webinar series will cover a range of workplace law topics. Don’t miss the chance to join these sessions and get practical insights from our experts. Learn more and see the full schedule in our article here .

For advice or for more information regarding the above, please contact our team .

Disclaimer: This article provides commentary on employment law topics and should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice for any questions specific to your workplace.

Workplace Law Webinar Series 2026 – Register your interest

Mon, 22 Dec 2025 20:27:29 GMT

Keeping up with the many and varied changes in workplace law is a challenge for employers and employees alike.

In 2026, our team of experts will be sharing their knowledge and answering your questions on a range of workplace law topics in a series of webinars – details below:

12 February 2026 - What's on the Horizon for 2026

With a raft of law changes having happened recently or forecast to pass soon, this will be a forward-looking session to help employers understand what this means for their business and what action is needed to ensure compliance.

We’ll cover:

The latest law changes passed, in progress, or signalled by Government
The latest case law and trends in employee claims
Where the regulators – MBIE, WorkSafe and INZ – are focused in 2026
Practical guidance, including strategic considerations to help employers embed best practice and future-proof their organisations

Cost: Free

Presenter: Kate Ashcroft / Shoosh Cai

Date : 12 February 2026

Time: 10.30am - 11.30am

Register here

14 May 2026 – Workplace Law 101 Tips and Tricks – Practical Strategies for Excellence

A practically focused session designed to help employers build a strong toolkit to manage common workplace issues, including knowing workplace law basics, what to do if things go wrong, and when to ask for help.

We’ll cover:

Meeting legal standards and maintaining compliance
Managing people effectively to drive performance
Duty of good faith in practice
What to do if a personal grievance claim is raised
Reducing legal risk through proactive approaches

Cost: Free

Presenter: Christie McGregor

Dates: 14 May 2026

Time: 10.30am - 11.30am

Register here

16 July 2026 – Workplace Law Update – What you need to know

A workplace law update – including legislation changes and case law in employment, health and safety, immigration.

What you need to know about new laws, new cases and how these apply to your workplace.

Cost: Free

Presenter: Myriam Mitchell / Shoosh Cai

Dates: 16 July 2026

Time: 10.30am - 11.30am

Register here

10 September 2026 – Workplace Investigations – Practical Guidance
The 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 investigation findings; and
Confidentiality and privacy concerns.

Cost: Free

Presenter: Kate Ashcroft

Dates: 10 September 2026

Time: 10.30am - 11.30am

Register here

What you need to know about holidays and entitlements this festive season

Mon, 22 Dec 2025 20:02:51 GMT

As we draw closer to the holidays, employers are faced with the challenge that is the Holidays Act 2003 and determining their employee’s entitlements during the festive season. While we await proposed changes to this tricky law, for now, we cover key need to know tips on the Holidays Act 2003 and the coming holiday period.

Closedown

If your business operates a closedown period, and your employment agreements includes a clause explaining this, employees can be required to use annual holidays or take unpaid leave during your closure. Closedown periods are available to employers provided they are “customarily” used, and employees are given at least 14 days’ notice of the dates of this. A business can only have one closedown period a year.

Annual holidays: Employees who are entitled to annual holidays, can be required to take these with 14 days’ notice, if agreement as to the timing of holidays cannot be reached.

Public holidays: Employees are entitled to be paid for any public holiday, even if they don’t work that day, if it falls on a day that would have ‘otherwise been a working day’ ( OWD ) for them.

The following public holidays, which all fall on weekdays this year, will be observed during the festive season:

Christmas Day Thursday 25 December 2025
Boxing Day Friday 26 December 2025
New Year’s Day Thursday 1 January 2026
Day after New Year’s Day Friday 2 January 2026

Where an employee works on a public holiday, they must be paid at the employee’s ordinary pay plus half that amount again for time worked, and if the public holiday is on an OWD, they will also be entitled to a full day alternative holiday.

What is an OWD?: Not sure if your employee would have otherwise been working? The Holidays Act 2003 lists factors to consider including, what the employment agreement states, what the work patterns are, any rosters or systems in place, whether the employee works only when work is available, and the reasonable expectations of the parties. An OWD may vary between employees, therefore employers will need to review each employee’s situation practically.

On call on public holidays: If an employee is on call on a public holiday, on an OWD and is called out, they will be entitled to a full day alternative holiday.

If an employee is on call on a public holiday, on an OWD, and is not called out, they will be entitled to a full day alternative holiday if they have not practically had a holiday on that day because of the restrictions imposed by their being on call. Determining this will involve considering what the employee is practically required to do to remain available to attend call outs during the day.

Alternative Holiday

If an employee is required to work on a public holiday, they will be entitled to a whole day off ( alternative holiday ). The purpose of an alternative holiday is for an employee who has worked a public holiday to have a day off in lieu as compensation for working on a public holiday.

An employee can take payment ( cashing up ) for an alternative holiday but only after 12 months of being entitled to it. Cashing up an alternative holiday before the 12 months of entitlement will not comply with the provisions of the Holidays Act 2003.

Transfer of public holidays: Employers can agree in writing with employees to transfer any public holiday to another day. The new date cannot be another public holiday and must be an OWD.

Message for Employers

If you would like advice regarding public holidays, annual holiday entitlements or closedowns please contact our team .

Merry Christmas from Ashcroft Mitchell McGregor

Mon, 22 Dec 2025 19:46:25 GMT

The team at Ashcroft Mitchell McGregor wish you a very Merry Christmas and Happy New Year and would like to thank you for your support during 2025.

This year has been particularly exciting for us as we celebrated the opening of our new business venture. It’s a milestone that reflects not only our growth but also the strength of the relationships we’ve built.

We’re thrilled about the opportunities this brings and look forward to continuing to work with you in the year ahead.

Thank you for being part of our journey—we can’t wait to see what we’ll accomplish in 2026!

Closedown

Our offices will be closed from 1pm, 23 December 2025. We will re-open again on Monday 12 January 2026.

If you require urgent assistance over this time, please contact the following people on the specified dates below:

23 December, 29 December ‑ 31 December 2025 : Kate Ashcroft: 021 548 856

5 January ‑ 9 January 2026: Christie McGregor: 021 0841 4220

Mental Wellbeing & Employer Toolkit Offer

Mon, 24 Nov 2025 22:24:28 GMT

Harassment, sexual harassment, and bullying are all workplace risks that must be managed under the Health and Safety at Work Act 2015 and are obligations and potential claims under the Employment Relations Act 2000 and the Human Rights Act 1993.

Exposure to mental health risks (bullying, harassment, and work-related stress) made up 29% of all notifications to Worksafe in the 2022-2023 period, causing it to be the second biggest reason for notification.

The issue of mental health is increasingly arising in personal grievance claims too. In several recent Employment Relations Authority/Court cases, employers have been found to have unjustifiably disadvantaged and/or unjustifiably dismissed employees where they failed to respond to bullying complaints, properly investigate, consider the impact of mental health concerns or prevent employees from being mentally harmed by the workplace.

Message for Employers

The best way to ensure you support a mentally healthy workplace is to have comprehensive health and safety managements systems alongside robust Anti-Bullying, Harassment and Discrimination and Wellbeing Policies.

If you require assistance to improve your businesses approach to mental wellbeing, our Mental Health and Wellbeing Toolkit is a great place to start as it provides employers with guidance on dealing with psychosocial hazards in the workplace (i.e., bullying, harassment, work-related stress). The toolkit is available for a fixed price of $2,500 + GST, and includes:

Risk Assessment Template and Guidance for Psychosocial Hazards;
Mental Health and Wellbeing policy, covering stress management, fatigue and steps that can be taken to identify and manage mental health risks in the workplace; and
Anti-Bullying, Harassment and Discrimination Policy, setting out definitions for each of these terms, examples of unacceptable behaviours and a process to follow where an incident arises.

Feel like you might need some training in this area? Our team can also offer a one-hour training session , either in person or virtually at a cost of $1,500 plus GST, covering:

An overview of your mental health and wellbeing obligations, including documentation and reporting;
How to identify psychosocial risks;
Awareness of what constitutes bullying and harassment;
What practical steps should be taken;
How to manage employees and what support can be offered; and
Practical tips on how to manage conflict in the workplace.

Uber Drivers Confirmed as Employees: Supreme Court Dismisses Appeal

Wed, 19 Nov 2025 23:16:12 GMT

The Supreme Court has upheld earlier rulings that Uber drivers in New Zealand are employees under the Employment Relations Act 2000 ( ERA ), dismissing Uber’s appeal and affirming the Employment Court and Court of Appeal decisions.

The case centred on whether four Uber drivers were employees under the ERA. The Employment Court and Court of Appeal had previously ruled that the drivers were employees when logged into the Uber Driver app. Uber appealed, arguing it merely provided a technology platform and that drivers were independent contractors.

Key Points of the Judgment

Real Nature of Relationship: Uber’s contractual terms describing drivers as independent contractors were “window-dressing” and did not reflect reality. Uber exercises significant control over drivers through pricing, performance standards, ratings, and disciplinary processes.
Integration: Drivers are integral to Uber’s business of providing passenger transport services. Despite owning their vehicles and choosing when to work, they lack meaningful autonomy over fares, customer relationships, and service terms.
Common Law Tests Applied: Using the tests of control, integration, and the fundamental test, the Court concluded drivers are not in business on their own account.
Inequality of Bargaining Power: Statutory protections exist because workers often cannot negotiate terms, making contractual labels non-determinative.
Outcome: Uber must pay costs of $50,000 plus disbursements.

Similar rulings have emerged globally, including the UK Supreme Court’s decision in Uber BV v Aslam and recent Australian High Court cases. While legislative frameworks differ, courts consistently emphasise practical realities over contractual labels.

Key Takeaways

Contractual Labels Are Not Determinative: Courts will look at the real nature of the relationship, not just what the contract says.
Control and Integration Are Key: If your business sets pricing, monitors performance, or restricts autonomy, workers may be employees .
Minimum Entitlements Apply: Employees are entitled to minimum wage, holiday pay, and leave, even in flexible or gig arrangements .
Audit Contractor Agreements: Regularly review gig and contractor arrangements for compliance with the Employment Relations Act.
Prepare for Change: Expect possible legislative reforms introducing clearer definitions or intermediate worker categories, and watch this space for progression of the Contractor Gateway law currently working through the legislative process. Read our article on this here

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 .

Privacy Breach in Employment: $30,000 Award for Humiliation and Loss of Dignity

Wed, 19 Nov 2025 23:11:32 GMT

The Human Rights Review Tribunal has issued a significant decision in Cummings v KAM Transport Limited [2025] NZHRRT 8, reinforcing the critical importance of maintaining privacy on a “need to know” basis for workplace matters.

Background

Darren Cummings, a senior truck driver, refused a random drug test in August 2020, triggering a disciplinary process under KAM Transport’s drug and alcohol policy. Although Mr Cummings later passed a subsequent drug test, rumours began circulating within the workplace that he was a drug dealer and had been dismissed. These rumours extended beyond the company and reached a client site, causing Mr Cummings considerable distress and reputational harm.

This case illustrates how even a single disclosure can escalate into widespread misinformation, damaging both employee wellbeing and employer reputation.

Tribunal Findings

The Tribunal found that KAM Transport disclosed Mr Cummings’ refusal to take the drug test to a non-management employee who had no legitimate need to know. This disclosure breached Information Privacy Principle 11 under the Privacy Act 2020, which restricts the disclosure of personal information unless specific exceptions apply.

The Tribunal concluded that the breach caused significant humiliation, loss of dignity, and injury to feelings, meeting the harm threshold under s 66(1)(b)(iii) of the Act. Importantly, the decision emphasises that emotional harm alone—without financial loss—can justify substantial compensation.

Remedies

Declaration: The Tribunal formally declared that KAM Transport interfered with Mr Cummings’ privacy rights.
Damages: $30,000 was awarded for emotional harm, reflecting the seriousness of the breach and its impact on Mr Cummings’ dignity.
Other Claims: Claims for lost earnings and benefits were dismissed due to insufficient evidence of a causal link between the privacy breach and financial loss.
This outcome signals that employers cannot assume minimal liability simply because no monetary loss occurred.

Key Takeaways for Employers

Limit Internal Disclosures : Sensitive information should only be shared with those who have a genuine need to know.
Emotional Harm Matters: Breaches of privacy can result in significant awards for emotional harm.
Policy Review: Employers should review disciplinary and drug-testing policies to ensure compliance with the Privacy Act and reinforce confidentiality obligations.
Training: Consider implementing staff training on privacy principles to reduce the risk of inadvertent disclosures.

How can we help?

Need advice on managing privacy in employment processes? Need an updated privacy policy or manager training on privacy? We can help!

Contact our team for more information.

Active Investor Plus Category and Business Investor Visa cheat sheet

Wed, 19 Nov 2025 23:08:14 GMT

New Zealand has attracted (as at 31 October 2025) 401 applications under its revised Active Investor Plus Category ( AIP ) since the category opened on 1 April 2025. The high number of high-net-worth families that have already applied indicates that these families are attracted to applying for New Zealand resident and permanent resident visas.

The New Zealand new Business Investor Visa ( BIC ) launch on 24 November 2025, provides another quasi migration by investment pathway.

We have set out below a summary of information on the AIP and BIC categories and subcategories.

All categories have the following requirements

Requirement to demonstrate the ability to earn the quantum of nominated investment funds.
Requirement to demonstrate the ownership of nominated funds or assets.
Requirements for investment funds to be transferred through the international banking system to New Zealand in a manner that is complaint with requirements.
Health, fit and proper person, and character requirements.

Both AIP Growth and Balanced Categories have the following benefits

There is no age requirement/age cut off.
There is no English requirement.
There is no requirement to remain in New Zealand for 184 days in each 12 month period (to trigger New Zealand tax residence).
Proposed exemption to buy one non sensitive residential property that is valued at NZD$5million or more.

The AIP Growth Category

Focuses on higher-risk investments (Growth Category) investments including managed funds and direct investments in New Zealand businesses that are assessed by New Zealand Trade and Enterprise. Requires a minimum investment of NZD $5 million for a minimum period of 3 years into these investments. While Invest New Zealand determines whether direct investments or managed funds are acceptable for this visa category, they do not endorse or guarantee the success of any investments
Only required to spend 21 days in New Zealand over the 3-year investment term.

The AIP Balanced Category

Allows for more types of investments including:

Direct investments
Managed funds
Listed equities
Philanthropy
Bonds
Property developments (new residential, commercial or industrial developments or existing commercial and industrial developments

Requires a minimum investment of NZD $10million for a minimum period of 5 years into these investments.

Principal applicant only required to spend 105 days in New Zealand over the 5 year investment term. This can be shortened by investment into Growth investments:

Nominated amount

NZD $11 million (the extra NZD $1 million must be invested in acceptable Growth category investments)

Time required in New Zealand by principal applicant: 91 days

NZD $12 million (the extra NZD $2 million must be invested in acceptable Growth category investments)

Time required in New Zealand by principal applicant: 77 days

NZD $13 million (the extra NZD $3 million must be invested in acceptable Growth category investments)

Time required in New Zealand by principal applicant: 63 days

Requirements under the BIV includes:

The Principal applicant must meet the following requirements:

Age requirements that require the principal applicant to be aged 55 or younger at the time the BIV work visa is approved.
English requirements.
An exclusion for bankruptcy or business failure within the last five years.
A due diligence requirement requiring the principal applicant understands the legal and financial position of the nominated business that will be purchased and any associated risks.
A requirement to demonstrate ownership of reserve funds/assets with a quantum value of at least NZ$500,000.
A requirement to have at least 3 years of paid self-employment or paid senior management experience that meets requirements.
A requirement to spend 184 days in New Zealand for each 12 month period from the date the business started operation.

Requirements for the business that is nominated for purchase including requirements to:

Employ five people in full time equivalent positions excluding the owners of the business.
Have operated in New Zealand for at least the last 5 years.
Comply with New Zealand’s laws and not be on a list of excluded businesses.

Requirements that allow for the grant of residence after holding a Business Investor work visa and operation of the nominated business with valuation (excluding GST and real estate value) of at least:

$1 million for at least 36 months; or
$2 million for at least 12 months.

Under this requirement, the BIV applicants do not get a resident visa straight away and have to hold temporary visas and meet requirements before submitting their residence application.

A requirement for the business that is invested into, to remain solvent, compliant with New Zealand’s laws and to create one full time role.

Moving Forward

Our team have previously helped clients with obtaining residence under the current investor categories and prior Entrepreneur Category. We 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.

Significant Rewrite of Bill on Ending Employment by Mutual Consent

Wed, 19 Nov 2025 02:25:13 GMT

The Employment Relations (Termination of Employment by Agreement) Amendment Bill ( Bill ) has undergone a major rewrite following Select Committee scrutiny.

Originally pitched as a simple mechanism for employers and employees to agree on ending employment, the Bill now introduces a structured, highly regulated process which adds a significant amount of complexity.

What does the Bill mean?

The original Bill proposed adding two sections to the Employment Relations Act 2000, allowing employers to offer compensation for a mutual termination and making those negotiations inadmissible in legal proceedings.

The new version includes the following changes:

Formal Request Process
Employers would have to make a written request to start negotiations and employees would need to consent before discussions began.

Frequency Limits
Requests could only be made once every six months unless there were “genuine reasons”.

Termination Agreements
Would have to be in writing, signed, and include specific legal statements. Agreements would be binding and could not be cancelled under contract law.

Safeguards Against Unfairness
There is a proposed prohibition on unfair negotiations (e.g., undue influence, diminished capacity). Breaches could lead to cancellation and penalties.

Evidence Rules
There are proposed rules on pre-termination negotiations remaining confidential, but exceptions would apply for unfairness or procedural defects.

Key Takeaways for Employers

This Bill has not yet passed, and further changes may occur before it completes the legislative process. As such, the key takeaway is “watch this space” – we’ll keep you posted.

Immigration Update - October 2025

Wed, 29 Oct 2025 23:49:57 GMT

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.

Landmark Decision: Unlawful deductions for minimum wage employees

Wed, 08 Oct 2025 20:35:25 GMT

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.

What's on the horizon - time for change?

Tue, 30 Sep 2025 01:37:32 GMT

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

Welcoming Vanessa Goodman to the team

Mon, 29 Sep 2025 23:33:42 GMT

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!

Understanding Trial Periods in New Zealand Employment Law

Thu, 11 Sep 2025 13:07:12 GMT

Legislation regarding trial periods is consistently updating, and we have updated this article to better understand employer and employee obligations under the 90-day trial provision.

Current Eligibility for Trial Periods

Trial periods are now available to all employers from 22 December 2023 with the Employment Relations (Trial Periods) Amendment Bill achieving Royal Assent on 21 December 2023.

Any employer may employ a new employee on a trial period for up to the first 90 calendar days of their employment. This is only applicable to employees who have not worked for that employer before and is valid in any industry and for any job.

Trial periods are a useful tool allowing employers to dismiss without recourse to a personal grievance claim for unjustified dismissal. If an employer decides to dismiss the employee, they must give notice to the employee and can do so without stating a reason for the dismissal.

Requirements for a Valid Trial Period

There are several requirements that must be met for the trial period to be safely relied upon to dismiss, and the Courts strictly interpret these requirements because they limit employee rights.

For a trial period to be valid:

We recommend that a trial period clause also provides for a shorter notice period and for the employee to be required to take garden leave during the notice period.

Legal Cases

Tepania v Haven Falls Funeral Home Limited [2023] NZERA 587 serves as a reminder that trial periods are to be agreed upon and evidenced in writing and signed by both parties prior to the commencement of employment. Roach v Nazareth Care Charitable Trust Board [2018] NZEmpC 123 also reminds us that correct notice must be provided in accordance with the employee’s employment agreement when dismissing in reliance on a trial period provision.

Despite earlier decisions to the contrary, an Employment Court decision indicates that payment in lieu of notice is also an acceptable means of terminating the employment relationship under certain conditions.

Employee Status and Considerations

Before sure to consider when seeking to rely on or use a trial period provision that:

Probationary Periods

Considering another Employment Court decision (Lewis v Immigration Guru), we recommend that employers should be extra careful to avoid ambiguity when using both a trial and probationary period in an employment agreement.

AEWV Visa Holders and Trial Periods

Accredited employers are not able to use 90-day trial periods in employment agreements when hiring an employee on an Accredited Employer Work Visa (AEWV).

Probationary provisions are still allowed under the current policy setting.

The government may make changes to this policy in the future and bring it in line with the current settings under the Employment Relations Act 2000.

Dismissing during a Trial Period

If you are concerned about an employee’s performance or conduct, and their employment is subject to a trial period, we recommend that you first check that you have adhered to the above requirements. To terminate in reliance on a trial period, you need to prepare a letter for the employee explaining this and giving notice before the 90-day timeframe has expired. You should give this letter to them at a meeting where you explain the decision.

The employer does not have to give a reason for dismissal under the 90-day trial period provision, nor does an employer have to give an employee the chance to comment before the dismissal. However, we consider it good practice to consider telling the employee why they are being dismissed if asked. This is because you are still required to be proactive in your communication with the employee, including telling the employee why you are dismissing them if they ask, even if those reasons wouldn’t usually be a justifiable reason for dismissing them without the trial period.

Message to Employers

Remember, all other employment obligations apply during the trial period, and an employee is not prevented from bringing any other kind of claim, for example, unjustifiable disadvantage, discrimination or sexual harassment. Contact a member of our team if you would like assistance in this area.

Heads up for employers: New pay transparency law now in effect

Tue, 02 Sep 2025 05:36:04 GMT

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.

Free Webinar: What's on the Horizon - Legislation Change Update

Thu, 28 Aug 2025 00:36:22 GMT

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

Immigration Update - August 2025

Wed, 27 Aug 2025 05:22:33 GMT

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.

Welcoming Sharon Greig to the Team – Strengthening Our Presence in Northland

Wed, 27 Aug 2025 02:21:24 GMT

We are thrilled to welcome Sharon Greig as our newest Associate, based in Northland. Sharon is an employment law specialist who brings sharp legal expertise and a practical, down-to-earth approach to her work. Her arrival marks an exciting step forward in our commitment to serving the Northland region with trusted, local expertise.

Sharon’s approachable style and genuine passion for helping people make her a trusted advisor for anyone needing guidance through the complexities of workplace law. Sharon’s presence in Northland ensures that our clients in the region have direct access to high-quality legal support, grounded in local understanding and delivered with care.

Outside of work, Sharon enjoys Northland’s relaxed beach lifestyle. Whether she’s spending time with friends and family, reading a good book, playing tennis, or out on the water with a surfboard in hand (perfecting the art of “trying” to surf), she brings the same energy and authenticity to everything she does.

Please join us in giving Sharon a warm welcome. We’re excited about the journey ahead and the positive difference she will make in Northland and beyond.

Restructuring and Union Consultation – What Are Your Obligations?

Wed, 27 Aug 2025 02:07:07 GMT

A recent Employment Court decision Lyttelton Port Company Ltd v Maritime Union of New Zealand has clarified a key issue for employers: Do unions have a right to be involved in drafting restructure proposals? The answer: Not unless your collective agreement says so.

What Happened?

Lyttelton Port Company ( LPC ) proposed a major restructure, disestablishing 35 roles and creating 21 new “team leader” positions—deliberately outside union coverage. Unions were informed only after the proposal was developed and claimed LPC had breached:

Collective agreement clauses on cooperation and contracting out,
The High Performance High Engagement (HPHE) Charter,
And good faith obligations under the Employment Relations Act 2000 (ERA).

The Employment Relations Authority initially found LPC had breached its obligations. But the Employment Court disagreed.

The Court’s Key Findings

Good Faith (ERA s 4) : Employers must consult with an open mind, but don’t need to involve unions in drafting proposals.
Collective Agreement Clauses : Required consultation, not co-design. The “contracting out” clause didn’t apply to this restructure.
HPHE Charter : No longer in use—irrelevant.
C ase Law : Previous cases requiring early union input were based on specific, uncommon clauses not present here.

The Outcome

✅ LPC did not breach the ERA or the collective agreements
✅ The compliance order and injunction were lifted
✅ LPC was allowed to proceed with the restructure

What This Means for Employers

This case reinforces that:

Consultation ≠ Negotiation
Good faith ≠ Joint decision-making
Unions don’t have a general right to co-design restructure proposals

Unless your collective agreement explicitly requires early-stage union involvement, your obligation is to:

Provide relevant information,
Allow a genuine opportunity for feedback,
Keep an open mind before making final decisions

Message for Employers

Our team of specialists is ready to help with bespoke and practical advice and solutions on navigating the employment law landscape. Please do not hesitate to contact us if you need help.

Major Shake-Up in Employment Law – What Employers Need to Know about the Employment Relations Amendment Bill 2025

Tue, 26 Aug 2025 04:47:17 GMT

The Government’s long-signalled overhaul of employment law is now taking shape. The Employment Relations Amendment Bill 2025 is progressing through Parliament, with four key reforms that could significantly impact how employers manage their workforce.

1. Contractor Gateway – Locking in Contractor Status

Nicknamed the “Uber law,” this change introduces a new legal test to prevent contractors from later claiming they’re actually employees.

To qualify as a “specified contractor”, five criteria must be met:

The contract clearly states it’s an independent contractor relationship;
The contractor can work for others, including competitors;
There’s no obligation to work fixed hours or accept all tasks;
No penalties for refusing work outside the agreement;
The contractor had a real chance to get legal advice before signing.

✅ If all five are met, the contractor cannot challenge their status.

Implications for employers:

Contracts must be watertight and operational practices must align with the test.
Give contractors a genuine opportunity to seek advice before signing.

2. Personal Grievances – Tougher Rules, Fewer Remedies

The Bill proposes a rebalancing of the personal grievance (PG) system, including:

No remedies (e.g. compensation or reinstatement) if the employee’s serious misconduct contributed to dismissal.
No compensation for humiliation or loss of benefit if the employee contributed in any way to the PG.
Lost wages can be reduced by up to 100%.
Procedural defects won’t make a dismissal unjustified unless they caused actual unfairness.

Implications for employers:

Strengthen definitions of misconduct in policies and agreements.
Keep detailed records of employee conduct and disciplinary processes.

3. $180,000 PG Threshold – Limiting Claims by High Earners

Employees earning $180,000+ (indexed annually) will no longer be able to bring unjustified dismissal claims, unless they opt in to PG protections.

Other claims (e.g. discrimination, harassment) remain unaffected.
Dismissal process obligations (e.g. written reasons) are reduced for high earners who don’t opt in.

Implications for employers:

Greater flexibility in managing senior exits.
Expect more negotiation around individual employment agreements (IEAs) for high earners.
Ensure IEAs clearly cover notice, redundancy, and termination terms.

4. Repeal of the 30-Day Rule – More Flexibility for New Hires

The Bill removes the rule requiring new employees to start on collective agreement (CA) terms for their first 30 days.

Employers must still:

Provide a copy of the applicable CA,
Inform new hires about the union and how to contact it.

Implications for employers:

Update onboarding processes.
Expect unions to push for similar protections in bargaining.

Next Steps

These changes are not yet law, but they signal a clear direction. Now is the time to:

Review contractor agreements and engagement practices,
Update employment agreements and policies,
Prepare for more strategic bargaining and senior-level negotiations.

Message for Employers

The Employment law space continues to change. Our team of specialists is ready to help with bespoke and practical advice and solutions on navigating the employment law 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.

Key Legislation Updates – May 2025

Wed, 28 May 2025 20:24:00 GMT

In New Zealand’s rapidly evolving workplace, staying informed about changes in employment practices is more crucial than ever for employers. Recent updates have introduced significant shifts in areas such as the Crimes (Theft by Employer) Amendment Bill, the 30-day union rule, and the Labour inspectorate compliance clampdown. This article outlines what these legislative updates mean for employers.

Equal Pay Amendment Act 2025

Recent legislative reforms have introduced a more rigorous framework for pay equity claims, replacing the previous low-threshold “arguable” standard with a requirement for claims to have demonstrable “merit.” Key changes include:

Tougher Record-Keeping Requirements for Employment Agreements Now in Force

Effective 30 March 2025, the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 introduced key changes to section 64 of the Employment Relations Act 2000 , significantly increasing employer obligations regarding employment agreements.

Key Changes for Employers:

Kiwisaver Changes

Effective 1 April 2026, the default KiwiSaver contribution rates will increase:

Opt-Down Option for Employees

Employees who are unable or unwilling to contribute at the higher rates will have the ability to apply to Inland Revenue ( IRD ) for a reduced savings rate. Key details include:

Employer Obligations

Employers must match the employee’s selected contribution rate. The obligations are:

Message for Employers

Immigration Updates May 2025

Sun, 25 May 2025 22:52:00 GMT

We set below out recent updates in the New Zealand immigration space:

Changes to the Active Investor Plus Visa producing results

In April 2025, Immigration New Zealand ( INZ ) introduced balanced and growth investment categories to the Active Investor Plus Visa category. To date, over 103 applications have been received with majority of applicants electing the growth category. The new categories have attracted commitments of investment for over NZD$620 million.

If you or any of your contacts require professional help with an Active Investor Plus visa application and choosing a category best suited to your circumstances, please contact us.

Pacific Access Category (PAC) and Samoan Quota (SQ)

The minimum income requirement for those applying for residence under PAC and SQ with dependent children will be NZD $54,133.04 per annum from 1 June 2025. This year up to 1,650 Samoan citizens, 250 Tongan, 250 Fijian citizens, 75 Kiribati and 75 Tuvaluan citizens may be granted residence under each category. English language requirements under the SQ have also been aligned with PAC requirements.

Visitor Visa

From 26 May 2025, INZ will no longer require certified translations for Visitor Visa applications. A translation will still be required; however the translation does not need to be certified. Translations will need to contain information including the translator’s name, their experience or qualification. Translations cannot be done by a family member, the applicant of the visa or the immigration advisor assisting with the application.

Immigration scams

INZ are aware that fraudulent calls are being made to exploit migrants by people posing to be INZ officials. Common methods that these scammers are resorting to include:

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 immigration landscape. Please do not hesitate to contact us if you need help.

Disclaimer: This update 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.

Changing Seasons and Managing Fatigue in the Workplace

Sun, 25 May 2025 22:50:00 GMT

Winter is coming, which brings shorter days, less sun, a desire to hibernate and a new level of mid-day fatigue. All which can increase the risk of workplace fatigue. Employers need to be aware of the risk of fatigue. As this risk can impact on a worker’s ability to work safely.

Fatigue is a physical and/or mental state caused by over exertion, intense concentration, poor sleep, poor nourishment or lack of stimulation. It reduces a person’s capability and may impair their strength, speed, alertness, reaction time, coordination, judgement, decision making or balance. Fatigue may also impair a worker’s health over time and cause other health conditions. This could lead to errors, an increase in workplace injuries and incidents and increase absenteeism.

PCBUs have an obligation under the Health and Safety at Work Act 2015 to ensure, so far as is reasonably practicable, the health and safety of workers and others. This requires PCBUs to eliminate risks, including the risks of fatigue, that arise, and if a risk cannot be eliminated, risks must be minimised.

Recognising fatigue

Fatigue is more than being tired, it is about recognising differences in a worker that is uncharacteristic and points towards fatigue. Symptoms include:

Eliminating or Mitigating fatigue

To eliminate or mitigate the risk of fatigue affecting workers, an employer can provide and encourage preventative measure such as ensuring:

Workers also have a responsibility under the Health and Safety at Work Act 2015 to take reasonable care of their own health and safety. Workers should:

Managing fatigue

Where a worker has been identified as potentially experiencing fatigue, an employer should carry out a fitness for work assessment. This should identify if a worker is safe to continue working, whether alternative duties should be worked or other measures need to be implemented, or whether the worker should go home.

Message to employers

If you require assistance to improve your workplace approach to fatigue, we can provide a Fatigue Policy as a starting place for compliance, which includes information about maximum shift lengths, average weekly hours, work-related travel, procedures for reporting fatigue risks, and procedures for managing fatigued workers.

We could also provide tailored training for your workplace on identifying and managing fatigue in the workplace.

Health and Safety Requirements Cut for Small Businesses

Tue, 29 Apr 2025 20:29:00 GMT

The New Zealand government has announced plans to reduce health and safety requirements for smaller businesses, aiming to alleviate the regulatory burden on low-risk enterprises. This initiative, led by Workplace Relations Minister Brooke van Velden, was revealed during a post-Cabinet press conference with Prime Minister Christopher Luxon.

The proposed changes focus on narrowing the scope of the Health and Safety at Work Act ( Act ) to address only those risks that could result in death, serious injury, or illness. This adjustment is intended to help small businesses, which often struggle with the costs and complexities of complying with extensive health and safety regulations.

Van Velden emphasized that these changes aim to reduce unnecessary “tick-box” activities and streamline notification requirements to focus on critical incidents. This approach is expected to minimise overlap between the Act and other regulatory agencies, thereby reducing paperwork and clarifying essential safety measures.

Despite these proposed reforms, some safety experts have expressed concerns. Mike Cosman, chair of the Institute of Safety Management, criticised the government for missing an opportunity to improve New Zealand’s poor health and safety performance. He pointed out that the country has a significantly higher rate of workplace deaths compared to the UK, and the proposed changes do little to address this issue.

The government plans to introduce the amended bill to Parliament by the end of the year, with the changes expected to take effect in early 2026. This initiative is part of a broader effort to reform health and safety laws and regulations, aiming to balance the needs of businesses with the imperative of maintaining safe workplaces.

Message for Employers

This change would mean, for example, a small clothing shop would still need to provide basic safety measures like first aid and emergency plans, but would not be required to implement a psychosocial harm policy.

For advice on what this means for your business, please contact our team for assistance.

Employers must be careful not to disclose personal information

Mon, 28 Apr 2025 19:49:00 GMT

Information Privacy Principle 11 ( IPP 11 ) of the Privacy Act 2020 ( Act ) provides that an organisation may only disclose personal information for the purpose that it was obtained.

A recent Human Rights Review Tribunal case – Cummings v KAM Transport Limited [2025] provides a reminder to employers of IPP11, and to exercise care when sharing personal information about their employees, and that they may face significant liability if they do so.

Background:

Mr Cummings was a senior truck driver with over 35 years’ experience. Under KAM’s policy and Mr Cumming’s Individual Employment Agreement ( IEA ), KAM could direct Mr Cummings to take random drug tests.

On 26 August 2020, Mr Cummings was selected for a random drug test but refused to undertake one. Under KAM’s policy and the IEA, this refusal was considered misconduct and Mr Cummings was suspended from work pending commencement of a disciplinary process.

A week later, Mr Cummings returned to work after completing a negative drug test. On his return to work, he discovered that his colleagues who were not part of KAM’s management team, knew of his refusal to undergo a drug test. The rumours morphed into gossip that he was a drug dealer/user.

Mr Cummings reported this privacy violation to KAM and asked it to investigate the breach. He was disappointed when KAM’s investigation concluded that there was no breach of his privacy. Feeling that KAM did not take any accountability and chose to brush his concerns under the carpet, he resigned from his employment.

Held:

The Tribunal found that KAM disclosed Mr Cummings’ drug test refusal to an employee who was not part of the management team. Kam had no good reason for doing so. The Tribunal held that that the disclosure was not authorised under IPP 11 and that if employers were allowed to disclose information without restriction, it would be contrary to the aspects of the broader scheme of the Act.

The Tribunal found that the disclosure of Mr Cummings’ refusal to take a drug test involved highly sensitive personal information, leading to significant harm. Upon hearing rumours, Mr Cummings felt emotionally distressed and fearful of being targeted by gangs during his long-haul drives. After resigning, he reported experiencing insomnia, depression, and anxiety. Although KAM argued that his harm arose from his decision to resign, the Tribunal concluded the harm was directly linked to the breach of IPP 11 through the unauthorised disclosure of his personal information.

The Tribunal declared that KAM interfered with Mr Cumming’s privacy and ordered it to pay him $30,000 in damages for humiliation, loss of dignity and injury to feelings.

Message for Employers

Information about an employee’s refusal to take a drug test is personal information and must be handled with care and in accordance with the Privacy Act.

Employers should ensure that managers understand such information should remain private and must not be shared, especially with employees who don’t need to know (including not in a managerial role).

If you are uncertain about what is personal information or are concerned that such information may have been shared, please contact us. We regularly provide privacy advice and training to our clients and look forward to discussing with you.

Immigration Update – April 2025

Mon, 28 Apr 2025 19:46:00 GMT

We set below out recent updates in the New Zealand immigration space:

Market rate issues

Immigration New Zealand ( INZ ) amended policy in March 2025 to allow employers to pay migrant workers market rates. Currently, we are seeing employers being caught out at the Job Check application stage because a job advertisement contains a pay range that is not within market rate for a role. This can potentially create an issue and lead to Job Check applications being declined even when employers have genuinely tested the labour market. Even after this concern has been raised by INZ, there are options to move a Job Check application forward and still be able to support migrant workers for an Accredited Employer Work Visa ( AEWV ). Please contact our team if you have any issues with Job Check applications.

Infringements

Over 142 infringement notices have been issued to 139 employers in the first year since the new Immigration Employment Infringement Scheme has come into effect. This has led to approximately $431,00 in penalties and employers being barred from supporting new workers for AEWVs for 6 to 12 months. The government will continue to investigate and raise infringements where migrant workers have been employed in a manner that is inconsistent with the conditions on their visa or where a breach has occurred. Please contact our team if you or your company need any help with complying with requirements or if professional guidance to help deal with breaches is required.

Active Investor Plus Balance and Growth Categories

The changes to the Active Investor Plus category have been a positive step in the New Zealand migration by investment space. Currently, the bulk of the applicants under this category have submitted Growth applications to benefit from the requirement to only stay in New Zealand for 21 days over a 3-year investment period. If you or any of your contacts require professional help with an Active Investor Plus Balance and Growth application, please contact us.

Moving Forward

Legislation Update – April 2025

Mon, 28 Apr 2025 03:11:00 GMT

Key Legislation Updates

The Crimes (Theft by Employer) Amendment Bill

The Crimes (Theft by Employer) Amendment Bill has officially passed its third reading and is now law. This landmark legislation defines an employer’s intentional failure to pay any money owed to an employee as theft, ensuring stronger protections for employees across New Zealand.

Employers could be fined up to $5,000 and face one year in prison, and a company could be liable for a fine of $30,000.

The bill was introduced in 2023 by former Labour MP Ibrahim Omer, a refugee, who was a victim of wage theft. Statistics reflect that wage theft is most common in retail and hospitality roles and can often target vulnerable migrant workers.

30-day Union Rule being scrapped

The coalition government plans to scrap the 30-day union rule for employment agreements. This rule currently means that new employees are automatically signed up to the collective agreement when they start a new job. The change aims to give employees more freedom and reduce costs for employers.

Van Velden highlighted that the existing rule is convoluted and adds unnecessary costs, which negatively impacts workplace productivity. By removing this rule, employees and employers will have the flexibility to negotiate individual employment terms from the first day of employment.

Employers must still inform employees about their right to join a union. These changes will be part of the Employment Relations Amendment Bill, expected to pass by the end of 2025.

Labour Inspectorate in nationwide employer compliance clampdown

The Labour Inspectorate of Ministry of Business, Innovation and Employment (MBIE) has launched a nationwide compliance clampdown on employers. This initiative involves multiple operations across both the North and South Islands, targeting various sectors including retail, hospitality, construction, security, horticulture, viticulture, and dairy.

The compliance clampdown means that employers across New Zealand can expect increased scrutiny to ensure adherence to minimum employment standards. This initiative focuses on areas such as payment of the minimum wage, recordkeeping, holiday and leave pay, and the prevention of worker exploitation. Employers should be prepared for potential inspections and take proactive steps to ensure their practices are compliant, as enforcement actions may be taken against those found in violation.

Message for Employers