Insights & Articles

The new Incorporated Societies Act 2022 ("Act") received Royal Assent on 5 April 2022, in replacement of the Incorporated Societies Act 1908 ("old Act") and is coming into force in stages. The Act significantly changes governance and accountability obligations for incorporated societies. Re-registration under the new Act is required for all existing incorporated societies to continue to exist.

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.

The construction industry often engages independent contractors, rather than employees. There is clearly a need for contractors in the industry, but in some situations, contractors are engaged because they are often seen as easier to engage than employees. This is often because a company can end a contractor's contract by giving notice, contractors do not receive annual leave or sick leave and are not entitled to minimum wage.

The Employment Court recently issued a decision relating to whether employers were entitled to require employees to take annual leave during the Covid-19 lockdown in April 2020. Three employees brought a case against Carter Holt Harvey LVL Limited ("the Company") after the Company told staff that they would need to take eight days leave during the lockdown in April 2020.

Exploitation in the workplace could exist in many forms and could happen to any employee, whether you are a migrant or otherwise. However, it is observed that foreigners are more vulnerable to becoming victims of exploitation due to their unfamiliarity with the relevant laws and not knowing their rights as employees in New Zealand. This is why workplace exploitation is more commonly referred to as 'migrant exploitation'.

Parents have the mutual goal of wanting the best for their child. Naturally, there are disagreements as to what "the best" means. A notably difficult decision has arisen in recent years for parents about whether or not their child is going to receive the Covid-19 vaccine. This is a guardianship issue in family law.

In 2020, while the entire world was distressed about Covid-19 and borders were closing, Immigration New Zealand ("INZ") decided to close the tap on skilled migration. A decision was made to suspend the selection of expressions of interest (also known as EOI). The selections normally occurred on a fortnightly basis and would result in a selected candidate receiving an Invitation to Apply for Residence under the Skilled Migrant Category. The suspension remains in place at the time of this article.

The Fair Trading Amendment Act 2021 ("Amendment Act") has made recent amendments of the Fair Trading Act 1986 with some terms being extended to small business contracts that will come into force on 16 August 2022.

You will likely have heard the term "The Great Resignation". Over the last few months we have had a number of clients approach us for ideas and wanting to know how they can set their organisation apart from others in order to retain staff.

Issues on the “Zero Hour Contracts” for employees have been topical in the lead up to the Employment Standards Legislation Bill (“the Bill”), which is due to be passed on 1 April 2016.

On 27 June 2020 the Employment Relations (Triangular Employment) Amendment Act 2019 ("the Act") came into force. The Act aims to provide protection to those in triangular employment relationships. Typically, a triangular relationship exists where a person is employed by a labour hire company/recruitment agency, and works under the control and direction of another entity (a controlling third party).

Can a Will be made from within the Covid-19 virus enforced bubble of self-isolation and social distancing? Extreme events call for extreme challenges and measures no more so than for making a Will right now when the testator is in isolation and no independent witnesses are in the room. Clearly an issue particularly for someone elderly or ill and delay is a concern.