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On the home straight … long awaited Conduct of Financial Institutions SOP released

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The Financial Markets (Conduct of Institutions) Amendment Bill took a major (and belated) step forward late last week with the release of the long awaited supplementary order paper (SOP) to amend the Bill. This progress comes almost two years…

Combatting modern slavery – proposed new duties across the supply chain

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It is difficult to believe that slavery still exists in today's society, but the unfortunate reality is, it does. Modern slavery and worker exploitation remains in both the domestic and international supply chains and whilst our current laws…

Returning employees to the workplace

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Vaccination rates are high and we have begun to contemplate herd immunity whilst New Zealand works our way towards the conclusion of the current Omicron outbreak. Employers may now be looking to return their employees to the workplace in lieu…

The End of the Mandate…

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After the decision of Yardly[1], IOX[2] and the wide spread community transmission of Covid-19, we waited with baited breath to see what changes the Government would make to the Covid-19 Protection Framework and the government vaccine mandates…

A significant reform to New Zealand’s labour laws: the Fair Pay Agreements Bill.

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The Government has introduced the Fair Pay Agreements Bill to Parliament this week.  The purpose of the new law will be to provide a framework for collective bargaining for industry or occupation wide Fair Pay Agreements' or 'FPAs' that will…

Easter and Anzac trading restriction – what are retail employers allowed to do?

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Thinking about the Easter/ANZAC holidays? Which ever way you like to enjoy your Easter, retail employers need to be aware of the special rules that apply to shop trading on these days of special significance. Shops are required be closed all…

COVID-19 Changes announced

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What are the changes and what do these mean for your business? This morning (23 March 2022) the New Zealand Government announced significant amendment to vaccination mandates, the COVID-19 Protection Framework and 'My Vaccine Pass' requirements. Following…

Are vaccine mandates under threat?

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As we head into the peak of Omicron, vaccine mandates remain highly contentious and the subject of prolonged protests around the country. Rather than joining the protest, three Police and Defence Force workers have convinced the High Court that…

The Government takes on the income protection insurance market

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Last week, Finance Minister Grant Robertson announced the Government's proposal for a universal income insurance scheme. The "social insurance" would support New Zealanders who lose their job through no fault of their own, or need to stop…

Income insurance in New Zealand – a saving grace or undue burden?

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On 2 February the Government announced the details of a proposed nation-wide Income Insurance Scheme (IIS). The implementation of such a scheme in New Zealand is a significant reform, potentially the largest since the adoption of the ACC…
Peter Woods

Southern Response decision unlocks $300m more

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Southern Response’s decision to accept the Court of Appeal's findings in the Dodds’ case allows at least 3,000 Christchurch policyholders who settled their claims before 1 October 2014 to receive compensation of $100,000 each, on average,…
Calendar with a pin marking a public holiday

To Mondayise or not to Mondayise, that is the festive season question…

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It’s hard to believe it’s almost Christmas again and yet last Christmas feels like an eternity ago. This year Christmas, Boxing Day, New Years and 2nd January public holidays will fall over the weekend and will, in some cases, need to be…
Silhouettes of travellers in an airport walking

Case summary WXN vs. Auckland International Airport

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Unvaccinated Auckland International Airport employee granted interim reinstatement The Employment Court has granted an employee interim reinstatement after his employment was terminated for refusing to receive a COVID-19 vaccine. His employer,…
Woman wearing a mask getting a vaccination

New law on vaccine requirements in the workplace

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The Covid-19 Response (Vaccinations) Legislation Bill was introduced yesterday and is expected to be passed into law later this week.  The Bill sets out the process an employer must follow to terminate an employee’s employment for failing…
Man putting on a disposible mask

COVID employment law complexities

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Why faster isn’t always better when setting workplace policy. The fallout from COVID has created some of the greatest societal polarisation in living memory, and as New Zealand adjusts to the realities of living with the virus, workplaces…
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Judgment day

Judgments allow Southern Response to pay $300m compensation directly to Canterbury homeowners.  At Anthony Harper, we support a wide range of businesses, organisations and individuals every day to help them further their goals or solve the…
People line up for COVID tests being given by someone in PPE

Your obligations when WorkSafe comes knocking

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A recent prosecution by WorkSafe provides a timely reminder that individuals and businesses have obligations to assist WorkSafe inspectors carrying out their roles. So, what is your duty and what steps do you need to take to avoid enforcement…
Hands holding a pen writes along paper

Duties as a PCBU – does a contract matter?

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The High Court has provided welcome guidance on the question of whether the absence of a contract between duty holders affects the question of whether a party can be liable under the Health and Safety at Work Act 2015 (HSWA). What happened? In…
COVID-19 Graphic

COVID-19 vaccination – can you make it mandatory on health and safety grounds?

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Organisations have well-known obligations under the Health and Safety at Work Act 2015 (HSWA) to ensure, so far as reasonably practicable, the health and safety of workers. With public access to the COVID-19 vaccine expected within the coming…
Man lays across couch with legs kicked up reading

Does no work during lockdown mean no pay?

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In late December 2020, the first COVID related Employment Court decision (Gate Gourmet New Zealand Limited and Ors v Sandhu and Ors [2020] NZEmpC 237) was released. The majority of the full court found that employers did not have to pay employees…
Styalised image of woman looking toward the camera with a blue filter over top.

Bullying in the workplace

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This article was originally published on the Legalwise website on 19 November 2020. An employee has recently been awarded $20,000 plus three months' wages as a result of the employer failing to properly address complaints of bullying We…

Reflecting on the 10-year anniversary of the Pike River Mine explosion

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Ten years ago the Pike River Mine exploded, killing 29 men working underground.  This tragedy affected not just the victims but also their families, the array of businesses involved in the mine, and the broader West Coast community.  At…

Ship Arrests – How Do They Work?

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This article Appeared in the October 2020 issue of The Shipping Gazette The drama surrounding recent ship arrests in New Zealand has captured the attention of the shipping fraternity here, with several readers emailing me to try and grasp…

Climate change – reporting on a sleeper issue

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Earlier this week, the Government announced that mandatory climate-related financial disclosures will be introduced for large financial services entities. The announcement follows last year's consultation on the issue, and makes New Zealand…
Graphic design of two people facing the camera wearing masks.

Immigration, Employment and the Tech industry: FAQ in a post Covid-19 environment

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On Thursday, 3 September 2020 our leading experts in employment, immigration and technology law appeared as a panel for IT Professionals New Zealand. As part of this, our experts answered some frequently asked questions around employment, immigration…
Digital representation of SARS-CoV-2

Impact of COVID-19 on contractual obligations

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With the widespread disruption caused by the COVID-19 pandemic, many businesses will be worried about how this impacts contractual performance. In particular, the first lockdown, and the recent sudden move to Alert Levels 2 and 3 will have…

Top tips for SMEs implementing an e-commerce solution

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E-commerce is a very well established means of doing business (Amazon being founded back in 1994 and now having a market cap of over $1 trillion being testament to this!). Yet today, in the Covid-19 world, e-commerce has assumed an even more…
Single house in a row red against the other white houses.

The ability to enforce following lease and mortgage defaults

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On 15 April, the Government announced further temporary changes to legislation giving some relief to commercial tenants and mortgagors. Particularly, changes to current legislation were introduced extending the timeframes that tenants and…

Can New Zealand move from a focus of health and safety compliance to better work practices?

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The Health and Safety at Work Act has now been in force for over 4 years. Grant Nicholson and WorkSafe’s CEO, Phil Parkes look at the Act’s impact and WorkSafe’s focus in the years to come. The Health and Safety at Work Act has now…

Update: The new Privacy Act 2020

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The new Privacy Bill, now the Privacy Act 2020 was passed into law on 30 June and comes into force on 1 December 2020. In this note we briefly summarise the most salient aspects of the reforms. Mandatory notification of harmful privacy breaches …
Technology and lights

Implementing new technology during a pandemic

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Covid-19 lockdowns have forced change on the business world. Two of the most visible areas of change have been in relation to the way we work and operate and the technology we use to support our work and operations. As restrictions have eased,…
Union Jack flag flapping in the blue sky

5 Quick Questions: NZ-UK Free Trade Agreement 

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On 17 June, the Ministry of Foreign Affairs and Trade (MFAT) officially announced the start of negotiations on a free trade agreement between New Zealand (NZ) and the United Kingdom (UK), stating that the parties are committed to a bilateral…

Honey Bees takes the sting out of penalty clauses

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The Supreme Court has upheld previous decisions in finding that when it comes to penalty clauses, the measure is no longer whether the penalty is a "genuine pre-estimate of loss". A penalty clause will now be enforceable unless it is "out…

FAQs regarding COVID-19 related restructures

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Can an employer change the terms of an employee's agreement unilaterally because of COVID-19? An employer cannot unilaterally change the terms of an employee's employment without having consulted with the employee first. Employers must consult…

Who can conduct workplace investigations?

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What happened? On 4 June 2020, the Private Security Personnel Licensing Authority (PSPLA) issued an important decision (1) addressing the issue of whether persons or companies carrying out workplace investigations for employers into employee…

Are you an independent contractor or an employee?

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The test to determine whether a worker is an employee or a contractor is well established, and it requires a focus on the real nature of the working relationship. In practice, this test assesses the intention of the parties, the level of control…
Digital COVID-19 representation.

5 Key learnings from the Covid-19 lockdown

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The aftermath of the COVID-19 lockdown will likely see a significant litigation spike, as there will inevitably be disputes about parties’ contractual obligations and who bears the risk of lockdown ramifications. We have looked back on…

Has Covid-19 created a new flexible working regime?

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For the better part of 2020, the outbreak of Covid-19 has challenged ordinary operations in the workplace. Globally, professionals have had to adapt, improvise and overcome problems that most have never faced before. Many have found this…
Vials of COVID-19 Vaccinations

Easing corporate governance in COVID-19

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On 16 May a new law came into effect with temporary measures aimed at easing  corporate governance for companies and certain other types of incorporated entities in these times of physical distancing for COVID-19. The new temporary measures…

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

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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…

First prosecution under tough Australian motor vehicle chain of responsibility laws: what might this mean for New Zealand?

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Australia has strengthened its heavy vehicle transport Chain of Responsibility (COR) requirements and aligned them with workplace health and safety laws. The purpose of this reform was to clarify requirements, encourage a greater focus on…