News & thinking

Our Thinking:

Businesses operating at Alert Level 3 and 2: What happens if an employee refuses to return to work?

As businesses resume operating in Level 3, and with the hope that the  New Zealand Government will announce a return to Level 2 soon, employees may be feeling some anxiety about returning to work. To operate at Level 3, businesses should…

Ensuring contractor competency is a critical health and safety issue

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Finding competent contractors, and ensuring they implement appropriate health and safety processes, can often be a challenge.   A recent prosecution of a principal for engaging incompetent contractors highlights the importance of taking…

When fines are not enough – should workplace health and safety offending lead to seizure of assets as proceeds of crime?

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A workplace fatality in 2015 resulted in multiple health and safety related convictions for a company and its managing director. The High Court is now being asked to decide whether proceeds of crime legislation can be used to seize millions…

Helping to make asbestos management easier

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Asbestos related issues are an ongoing problem for businesses in New Zealand.  To help make compliance easier, WorkSafe New Zealand has recently launched a tool to help businesses develop their Asbestos Management Plans.  All businesses…

When returning to work consider these health and safety issues related to COVID-19

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We imagine you (like the majority of our clients) will want to resume work as soon as you can, and part of doing so will be grappling with the health and safety related issues around COVID-19. We are naturally getting quite a few queries…

Changes to visa rules, to help with the Covid-19 pandemic

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On 16 April, some visa rules were temporarily relaxed for those working within businesses providing “essential services”.   Employers can submit an application, online, to have migrant workers’ visas amended.   In…

Operational changes for businesses under Alert Level 3

The Government has announced that Alert Level 3 will commence at 11.59pm on Monday 27 April 2020. At Level 3 some businesses that were not operating under Alert Level 4 will be permitted to operate under strict restrictions. Sectors able…

Where there’s a Will there’s a way

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The COVID-19 pandemic may prompt you to consider whether your existing estate and asset planning arrangements are appropriate and up to date.   It is an exercise that is often put in the ‘too hard’ basket because, well, let’s…

What you need to know about the Covid-19 Essential Workers Leave Support Scheme

On 6 April 2020, the New Zealand Government announced a new leave support scheme for employees of essential businesses. The Essential Workers Leave Support Scheme is part of the wider relief package proposed by the Government to address the…

Can employees be made redundant if their employer is receiving Government support?

The Covid-19 pandemic is causing widespread economic damage across a variety of industries but the Government have made it clear: the law still applies. Is restructuring your organisation the best option? At Alert Level 4, various Government…

Property transactions in a time of challenge

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Our property team has been working through the national state of emergency and lockdown. Below are some questions we have been fielding from our clients and we hope our answers will assist those in a limbo. We assume that the standard form…
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Employment obligations: COVID-19, privacy and working from home

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We answer some frequently asked questions, around employers obligations to ensure their employees privacy whilst working from home during the COVID-19 pandemic. One of my employees has told me that they have possible COVID-19 symptoms. Can…

UPDATED: The definition of essential goods and the law of unintended consequences…

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Update as at 18 April:   In the original version of this article (below), we highlighted some potential issues with the Government restrictions on freight movements.  The Ministry of Transport has now updated its rules and we have…
Morning shot of the highway with trucks on either side

Changes to standard operating procedures for essential transport and logistics businesses

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Essential businesses must take steps to minimise infection risks for their workers – both to comply with Covid-19 Government requirements and existing health and safety law. That means minimising contact, physical distancing, increasing the…

Air New Zealand’s new freight service – a solution?

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New airfreight options With Air New Zealand destined to be providing only domestic passenger services for some time to come (post lockdown), questions have arisen about airfreight since most is carried in the hold of international passenger…
Large container ship rests in a waveless bay

An update: Exports and imports to/from key markets

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New Zealand Trade and Enterprise (NZTE) has set up an excellent website gathering the latest updates from its international teams on COVID-19 in key markets and other information for exporters. The site was focussed on China, but now includes…

What are my legal rights if my cargo can’t get to its destination?

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A shipper typically has very few rights, while a forwarder and carrier has a number of options, in these circumstances.   The first point to bear in mind is that, unless a freight forwarder has accepted liability as principal (by…

Travelling to New Zealand: The travel ban and exemptions

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Immigration New Zealand (INZ) has published guidance about the exemptions to the current travel ban.   What is the current travel ban? From 23:59pm on Thursday, 19 March, New Zealand closed its borders. The assumption is that people…

Business Debt Hibernation

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As part of the changes to assist businesses ride out the COVID-19 storm, parliament has proposed a business debt hibernation scheme to supplement the existing insolvency mechanisms under the Companies Act 1993. Business Debt Hibernation The…
Boardroom with table and chairs

Safe harbour for directors – Relief for businesses or storm brewing?

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Parliament is introducing legislation to amend the Companies Act to assist companies facing solvency issues as a result of COVID-19. The hope is that this will assist companies to trade through and keep employees on board during this time…
The word 'Lockdown' made up of tiled letters

Mitigating insolvency risks during COVID-19 lockdown

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The COVID-19 pandemic will have a significant financial impact on all businesses across New Zealand, particularly as a result of the Government-directed lockdown. The nationwide financial impact may give rise to insolvency risks for some businesses. Now…

COVID-19: What do essential services need to do to manage health and safety?

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The pandemic caused by the COVID-19 virus has seen New Zealand – and the world – plunged into uncharted territory. On 26 March 2020, the Government took the unprecedented step of raising New Zealand’s COVID-19 alert to level four, resulting…

IMMIGRATION: COVID-19 migrant workers

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Migrant workers are very vulnerable right now. The economic landscape is also difficult for employers. Here are answers to some common questions we have received from migrants and their employers.   Can we reduce migrant workers’…

Court proceedings under COVID-19 alert level four

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At midnight on Wednesday 25 March 2020 New Zealand moved into COVID-19 alert level 4, after which, only essential services remain operating.   The Ministry of Justice has advised that the Courts will be closed to the public, and only…

Tax relief measures for COVID-19

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The Government has introduced various initial tax concessions to help with meeting your tax obligations.    The terms of the relief are not yet passed into legislation However some of the relief measures introduced in the Bill,…

Deductibility of home office expenses and employee reimbursements

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On 17 March, Government announced their relief package for the financial fallout from COVID-19. This included various business tax concessions. They included: The re-introduction of tax depreciation on commercial and buildings at a diminishing…

Corporate tax residence – setting up business in the New Zealand market and the impact of recent Australian Tax Office rulings

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Setting up business in New Zealand may be easy, however not having in place appropriate corporate governance practices can lead to costly tax residence consequences. Doing business in New Zealand We are frequently approached by global…

Privacy Commissioner’s recommendations on workplace bullying information access

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The Privacy Commissioner's office has received several complaints regarding employees being denied access to information about bullying investigations arising out of complaints that they have submitted.    As a result, on 28 January…

Coronavirus – Useful steps all employers should consider

According to the World Health Organisation (WHO), the recent outbreak of the Novel Coronavirus originating out of Wuhan, China, comes from a family of viruses that includes the common cold, severe acute respiratory syndrome (SARS) and Middle…

What should you be doing now to mitigate the health and safety risks posed by a potential Coronavirus outbreak in New Zealand?

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In the wake of the World Health Organisation (WHO) declaring the Coronavirus outbreak a global health emergency, China going into lockdown, and the New Zealand Ministry of Health advising against travel plans in the near future, New Zealand…

International rankings point to our expertise

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The prestigious Chambers and Partners Asia Pacific Directory released their latest rankings in early December. The rankings are based on in-depth analysis and facilitated by a team of experienced researchers. Their findings offer reliable recommendations…

2019-2020 – Immigration Changes – Past, Present and Future….

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It has been a busy year for Anthony Harper's new immigration team.  There have been a lot of immigration law changes.  Here is a brief overview, and also a summary of what we are likely to see in 2020. March 2019 – Mosque attacks These…

Shared responsibilities – identifying and managing health and safety risks in leased premises

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Landlords and tenants need to pro-actively assess and manage the health and safety related risks their premises and operations may pose, and cannot contract out or delegate this responsibility to each other or a property manager. Ultimately,…

Silicosis – is this the new asbestosis?

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Relatively little is known about the problem of silicosis in New Zealand, but data from around the world suggests construction workers, and workers in the stone bench top industry may be at risk from this disease. What is it, and how can you…

Is the New Zealand Transport Agency going to become a designated health and safety regulator?

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Following an independent review of the New Zealand Transport Agency's performance, the Government is considering designating the Transport Agency as a regulator under the Health and Safety at Work Act 2015 (HSWA). Such a move would significantly…

Open for consultation – an update to the classification system for hazardous substances

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The Environmental Protection Agency (EPA) is currently seeking public submissions on the proposed adoption in New Zealand of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Revision 7 (2017). What's happening? The…

Anthony Harper – Winner of Employer of Choice 2019

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Since 2015 we have been a finalists in the Employer of Choice category at the New Zealand Law Awards. This alone is most gratifying.  To win, however, is a huge endorsement of our forward-thinking and innovative HR policies and practices. We…

Will the new reforms to the Overseas Investment Act affect you?

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On 19 November 2019, Associate Minister of Finance David Parker announced a raft of broad changes to the Overseas Investment Act as part of a Phase 2 reform of the Act. This followed the announcement, on 16 October 2018, that the Government…

Buyer or Agent beware?

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What does "plus GST, if any" really mean? Real Estate agents and purchasers alike will be interested in a recent case, which found that a vendor's agent may be liable in negligence to the purchaser for using the words "plus GST, if any" in…

Tis the Season…is what you spend on end of year gifts and functions fully tax deductible?

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As the end of the year draws near it is likely you are considering what to buy for clients, customers and suppliers as suitable end of year gifts.  Alternatively, you may consider hosting a function to thank them for their business and loyalty. …

Do you know what a fair and thorough investigation and disciplinary process looks like?

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There has been yet another Employment Relations Authority case where an employee was found to be unjustifiably dismissed due to flaws in the investigation and the disciplinary process. In this case, a dispatch assistant of a cheese company,…

New Trusts Act 2019

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The law relating to trusts has been comprehensively reviewed. This review has culminated in the Trusts Act 2019 which was passed in July and comes into full force on 30 January 2021. The Act applies to all trusts, both existing and any new trusts. The…

All change! What is happening with New Zealand’s work visa system?

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The proposed changes to New Zealand's visa system, which started out with a government consultation at the end of last year, are now underway. Work-to-residence visa - significant minimum salary increase Work-to-residence visas are available…

New laws to help drone use take flight

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New Zealand is said to be a ‘world leader’ in the unmanned aircraft (drones) sector due to our good reputation as a safety regulator, our ‘open for business’ mentality and our risk-based regulatory regime. However, with the unique…

Conduct of financial institutions… the Government hits back

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On 25 September 2019, the Government announced conduct licensing and other conduct rules for banks, insurers, and non-bank deposit takers (like credit unions). What will the changes mean? The conduct of financial institutions continues to…

Employees earning commission: Relevant Daily Pay or Average Daily Pay?

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This is a technical update for those interested in all things Holidays Act 2003. It is important for those who pay employees based on commission. A recent Employment Court decision has finally clarified a point of law on the payment of public…

“Social licence” in the financial services industry

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"Social licence" in the financial services industry – the Hon Grant Robertson speaks to Jack Tame at the Financial Services Council "Towards Wellbeing" Conference 2019 The financial services sector needs to look at its social licence,…

Immigration Alert: Changes to Accredited Employer Scheme

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Immigration New Zealand has announced significant changes to the accredited employer scheme. What is the accredited employer scheme? Why is it helpful? Accredited employer status makes it much easier for an employer to recruit migrant…

Pro bono projects: Everybody Eats

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Anthony Harper's pro bono client, Everybody Eats, is opening its first permanent restaurant in Onehunga. Everybody Eats is a 'pay-as-you feel' restaurant tackling food waste and poverty issues in Auckland. The organisation takes food donated…

Reforms to the RMA – mere tinkering or complete overhaul?

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Our planning system is not functioning effectively. This statement could be attributed to everyone interested in, or affected by, the development of our natural and physical resources. On one side, environmentalists claim that the system…

Supreme Court clarifies the law under s292 of the Companies Act

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The Supreme Court has now issued a judgment in Robt. Jones Holdings Limited v McCullagh and Lawrence in [2019] NZSC 86.  The decision clarifies the test under section 292, giving liquidators and advisors certainty around what must be proven…

WorkSafe New Zealand’s new Data Centre goes live

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WorkSafe has recently launched an online resource containing a wealth of workplace health and safety data and information. The new "Data Centre" is available through WorkSafe's website at:  https://data.worksafe.govt.nz/. It is heralded…

New health and safety regulations are on the way

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It is three years since the Health and Safety at Work Act 2015 ('HSWA') came into force, and work is underway to review the existing regulatory framework and improve requirements for the management of risks associated with plant, structures,…

Taking workplace bullying seriously — lessons from Australia

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Bullying is currently a hot media topic (and rightly so), but traditionally it's been seen as an employment – rather than health and safety - issue.  Australia's workplace health and safety regulators are now taking allegations of workplace…

New Zealand courts are starting to use their extended sentencing powers

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The Health and Safety at Work Act 2015 ('HSWA') introduced several new sentencing tools for the courts when sentencing duty holders for health and safety offences. After a slow start, we are finally starting to see Judges use these new sentencing…

Significant work visa changes

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The New Zealand government is proposing a major restructure of the work visa system, so as to increase the financial and organisational burden on employers. Consultations ended on 18 March and the finalised proposals should be announced in June. Licensing…

New “Triangular Employment” legislation comes into force

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The new Employment Relations (Triangular Employment) Amendment Bill received royal assent on 27 June 2019.  This legislation provides a statutory entitlement for employees to raise a personal grievance, not only against those who it is employed…

Domestic violence legislation undergoes more changes

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The Domestic Violence – Victims' Protection Act 2018, which was enacted on 1 April this year to provide support to employees affected by domestic violence, is already being altered. Key definitions in the Victims' Protection Act that are…

Back on the table – New Incorporated Societies Act to be introduced in late 2019

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On 26 June, MBIE announced that legislation to update the Incorporated Societies Act 1908 (Act) is expected to be introduced to Parliament later this year. Cabinet has approved changes to the Draft Bill following feedback received since it was…

The ‘Clean Slate’ Act – What you need to know

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Like many millennials, the Criminal Records (Clean Slate) Act 2004 (Act) remains widely misunderstood. It seems that people either grossly exaggerate its power and scope, or reduce its operation to a twink pen for drink driving convictions. Misconceptions…

Earthquake-hit ex-Rydges hotel building clears Supreme Court insurance battle

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After legal debates over fractions of a millimetre, a final court decision has at last cleared the way for a $190 million repair and rebuild project in central Christchurch. Partner, Peter Woods, discusses what is next for this landmark…

Doubts about proposed corporate manslaughter law

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This decade has brought the issue of workplace fatalities sharply into New Zealanders' collective consciousness. The Pike River mining disaster in 2010, the collapse of the Christchurch Television building during the 2011 earthquake and a wave…

How the Government plans to leverage its $41 Billion spend

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The New Zealand Government spends approximately $41 billion each year buying goods and services from third-party suppliers and providers. Cabinet agreed last year to more explicitly leverage those contracts to achieve broader social, economic…

Bullies beware: Unfair commercial practices to be banned

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Many New Zealand businesses and consumers regularly confront what they see as unfair commercial practices. The Government believes that these practices may undermine its attempts to build a more productive, sustainable and inclusive economy. Recently,…

Privacy Bill Update – Act Now!

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The Justice Select Committee recently published its widely anticipated report on the Privacy Bill, having now completed its review. This Bill will repeal and replace New Zealand's 25 year old Privacy Act 1993, an Act in desperate need of a refresh.…

Court of Appeal ruling challenges confidentiality of documents provided to the Financial Markets Authority

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Court of Appeal ruling challenges confidentiality of documents provided to the Financial Markets Authority The Court of Appeal has issued a much-awaited judgment regarding the ability of the Financial Markets Authority (FMA) to disclose to…

The Tax Working Group Report – What could this mean for you?

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Recently, the Tax Working Group (the Group) released its final report, setting out its recommendations and the design of the proposed broad taxation on capital gains (TCG) – aimed at addressing the structure, fairness and balance of our tax…

What happens when a visa is declined?

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Immigration applications are complex. There are multiple requirements to be met, some of which can seem contradictory.  Also, of course, the immigration authorities are as human as the rest of us.  Therefore, what can a migrant do, if he…

Court halts litigation spanning 25 years

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On 1 March 2017, the Senior Courts Act 2016 (Act) came into force. The Act replaced the Judicature Act 1908 and introduced several changes, including specific provisions restricting vexatious litigants from commencing or continuing proceedings…

2018: Looking back to look forward

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It's been a busy year for our regulators in the transport and supply chain sector. In this final issue of FTD for 2018, we look back at some of the year's highlights and take a peek at what's coming up. Transport funding and Government policy…

Thinking of moving to New Zealand?

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If you intend to move to New Zealand or have recently arrived, you need to be aware of legal issues that affect your ability to buy a home, and also your tax residence status which affects your tax liability in New Zealand, on foreign-sourced…

What the Trusts Bill could mean for you as a trustee?

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Trusts are very popular in New Zealand and are used in a variety of ways to protect property, family members and manage assets. Between 300,000 to 500,000 trusts are operational in New Zealand, and the proposed changes will impact many New Zealanders. Following…

Final report of the Australian Royal Commission

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The final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was released on 4 February 2019. The report is bleak: it makes uncomfortable reading for anyone who participates in the…

What you need to know – employment and immigration law changes

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The Employment Relations Amendment Act gained Royal Assent on 5 December 2018 and amends the Employment Relations Act 2000. The Minister of Immigration also announced proposed substantial changes to the immigration system, on 18 December 2018. It…

Managing the risk of insolvency on a construction project

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With the new Construction Contracts Act retentions regime in place, and rising construction costs, more and more businesses in the construction industry are facing solvency issues.  Contractors are finding their cashflow is tightening and margins…

Will the financial advice change affect you?

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The Economic Development, Science and Innovation Committee has reported back on the Financial Services Legislation Amendment Bill (FSLAB). FSLAB will amend New Zealand's financial advice laws, by replacing the current stand-alone Financial…

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