Insights & Articles

Interesting insights on various areas of New Zealand law for individuals and businesses alike.
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Do you need skilled staff from overseas? A new Accredited Employer Work Visa may help. We are holding a seminar on June 14 to explain more. Click here.
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Accredited Employer Work Visa - the new visa and what you need to know

Significant changes are coming to the immigration sector in New Zealand, which will have major repercussions on employers who are intending to hire migrants to work in New Zealand. The Accredited Employer Work Visa ("AEWV") is a new temporary work visa being introduced on 4 July 2022. This new visa is one step in the Government's five step plan for reconnecting New Zealand to the world after the Covid-19 pandemic.
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An employer with any number of staff can use a Probationary Period to assess people. You must meet specific criteria to avoid breaking the law. Find out here.
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Probationary Periods

Should we include a probationary period in the employment agreement? As per our previous article, "90 Day Trial Periods", if you have 20 or more employees you cannot include a trial period in an employment agreement, as an alternative, many employers choose to include a probationary period.
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90-Day Trial Periods are for SMEs. They seem simple but there is complexity within the Act. It is easier to break the law than you might think. Click here.
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90 Day Trial Periods

Should we include a trial period in the employment agreement? A trial period is a tool that can be used by employers to find out if an employee is suitable for a role. During the trial period, an employer can dismiss the employee and the employee cannot raise a personal grievance for unjustified dismissal, so long as the trial period is valid. Trial periods if used correctly, are a great tool for employers. However, trial periods are often challenged, so it is essential employers know when to use them and what is required.
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The Fair Pay Agreement Bill will have far-reaching effects on employers and staff across some industry groups. Find out if your sector is affected. Click here.
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The Fair Pay Agreements Bill - What to Expect

On 29 March 2022, Parliament introduced the Fair Pay Agreement Bill ("the Bill") coined to the "biggest shakeup to workplaces in generation coming from government". The Bill has recently passed its first reading. Despite this, a number of people have expressed their reservations with the newly proposed system such as National Party's Paul Goldsmith stating that the Bill may make New Zealand less internationally competitive and add pressure to already stressed businesses.
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As Covid levels and restrictions change, some ongoing issues for employers managing staff and the workplace in general - Auckland employment lawyer. Click here
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Managing the Workplace in the Face of Covid-19

New Zealand is now well and truly in the next stage of its strategy in responding to the Covid-19 global pandemic - learning to live with Covid-19, specifically the Omicron variant, in the community. This will see employers facing a number of new challenges, including the management of large numbers of absences in the workplace and coping with flexible working arrangements.
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The proposed Income Insurance Scheme will have effects for employees and employers. See how you might be affected - Auckland employment lawyer. Click here
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The Proposed Income Insurance Scheme

Last week the New Zealand Government, supported by Business New Zealand and the Council of Trade Unions ("NZCTU"), released a proposal on an income insurance scheme ("the scheme") – one of its biggest reforms since the introduction of ACC in the 1970s. McVeagh Fleming's employment team have summarised the 'need to know' information.
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The Fair Trading Act was been reformed to affect standard form consumer, and small contracts, less than $250k. Do your contracts comply? Click here for details
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Amendments to the Fair Trading Act for Small Trade Contracts

The Fair Trading Amendment Act 2021 - The Fair Trading Amendment Act 2021 ("Amendment Act") was enacted on 16 August 2021. It introduces changes to the Fair Trading Act 1986 ("Act"), some of which have come into effect and others which will come into effect on 16 August 2022.
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Intellectual Property can be a big asset for your business. How do you protect your commercial IP from theft? Click here or call 09 377 9966 for more details.
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Capture and Commercialise - Commercial Exploitation of Intellectual Property Rights

Intellectual Property is an asset that has the potential to be more valuable to your business than tangible business assets and should be protected as much as possible. A famous trade mark or a market leading patent may be of far greater value to a company than its physical assets.
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Many businesses collect private data. Under a new Privacy Act, failure to comply can result in $10,000 fine. Property managers & landlords take note. Click here
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The Privacy Act 2020 - Privacy Principle One

The Privacy Act 2020 ("new Act") came into force in 2020, replacing the Privacy Act 1993. The purpose of the new Act was to overhaul New Zealand's existing privacy of personal information regulatory framework and bring it into line with internationally recognised privacy obligations and standards. Section 22 of the new Act sets out 13 information privacy principles ("Privacy Principles"). In this article, we focus on new developments in relation to Privacy Principle 1 ("PP1"), which addresses the purpose of collection of personal information.
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Unpaid debts can be stressful, and affect your business or life. How can you recover money owed to you? Click here or call 09 377 9966 for more help.
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Debt Recovery and Enforcement

This article serves to inform the procedural and legal methods and issues related to debt recovery.
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Bonuses and Holiday Pay Calculations

The Court of Appeal recently released a decision Metropolitan Glass & Glazing Limited v Labour Inspector Ministry of Business, Innovation and Employment [2021] NZCA 560 reversing an earlier ruling of the Employment Court regarding short-term incentive payments under the Holidays Act 2003.
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Has New Zealand Finally Been Ordered to Allow Freedom of Movement?
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Has New Zealand Finally Been Ordered to Allow Freedom of Movement?

In response to the Covid-19 pandemic, the Government issued the Covid-19 Public Health Response (Isolation and Quarantine) Order 2020 ("IQ Order") in September 2020. Most kiwis are well aware of the IQ Order, and understood it to mean that if we leave New Zealand, we will be required to self-isolate at a managed isolation facility for 14 days upon our return (until the announcement last week confirming a shortening of the managed isolation period for residents returning to NZ after 14 November 2021).
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When contractors are actually employees – The Uber case and its implications

When contractors are actually employees – The Uber case and its implications

When engaging people as contractors, it's not just the contract label that matters — how the working relationship functions in practice is key. If a contractor is treated like an employee, with significant control exerted over their work and integration into the business, the contractor will 'at law' likely be an employee, and getting this classification wrong can be and often is expensive. Understanding and correctly applying the criteria is essential to avoid legal and financial repercussions.
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Relocation Disputes

Relocation Disputes

Written by:
Kiri Petrie
Niamh Forgie
Considering relocating with your child to a different city or country? It's essential to understand that such a move requires the consent of the other parent. The decision about where a child lives is a significant guardianship matter, and both parents must agree on it.
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Young onset dementia: how to get help and what needs to be in place

Young onset dementia: how to get help and what needs to be in place

Written by:
Fiona Faithfull
Fiona shares her deeply personal journey of caring for her mother, diagnosed with Young Onset Dementia at age 53. At just 29, Fiona navigated the challenges of supporting four generations under one roof, balancing the demands of new motherhood with caregiving responsibilities. She reflects on the emotional and financial strains, the importance of a support network, and the late diagnosis that left many questions unanswered. Fiona's story highlights the enduring power of maternal love and the resilience needed to face such profound life changes.
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Remember to keep your employees in the loop when selling your business

Remember to keep your employees in the loop when selling your business

Selling a business involves balancing confidentiality and transparency with employees, especially under New Zealand employment law. When selling assets, employers must consult with employees before finalising the sale to avoid grievances if jobs are affected.
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Children who Resist, Refuse or Reject a relationship with their Parent

Children who Resist, Refuse or Reject a relationship with their Parent

Written by:
Jackie Dale
Amber Holdaway
Separating from your spouse or partner is often stressful, complicated, and painful especially when children are involved. Reaching an agreement about how a child's care will be shared can be challenging and deepen conflict between parents if they do not see eye to eye.
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Boat purchase 101 - Sale and Purchase Agreements

Boat purchase 101 - Sale and Purchase Agreements

Written by:
Forrester Grant
Well-drafted agreements for vessel sales are important, especially for larger, technical vessels. While smaller vessel buyers may see these as unnecessary, written contracts simplify legal disputes. Agreements range from basic contracts to detailed forms like the Norwegian Saleform and should clearly outline terms, transaction processes, and dispute procedures, with common provisions as a standard foundation.
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My Ex is hiding assets from me, what can I do?

My Ex is hiding assets from me, what can I do?

Written by:
Vinnie Kumar
Niamh Forgie
At the end of a relationship, both parties must fully disclose their assets and liabilities to divide their property fairly. If one party withholds information, reaching a fair agreement becomes difficult, and any agreement made could be challenged and possibly overturned later.
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Restructures

Restructures

Whether you're an employer seeking compliance or an employee seeking clarity, this article offers invaluable insights to navigate the process effectively.
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Exceptions to equal sharing of relationship property

Exceptions to equal sharing of relationship property

Written by:
Peter Fuscic
Niamh Forgie
Upon separation, it's usually assumed that relationship property will be divided equally unless there's a prenuptial or premarital agreement. However, if there are special circumstances where equal division isn't fair, the court might order a different division to ensure fairness and justice.
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Winding up your Family Trust

Winding up your Family Trust

Written by:
Brandon Cullen
With recent changes in tax regulations, increased compliance obligations, and rising administrative costs, what used to be relatively simple is suddenly complicated, time-consuming, and expensive. Is it time to simplify your life and wind the damn thing up?
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