In the past few months there have been plenty of rapid developments in relation to COVID-19 and employment law, including the country moving into the COVID-19 Protection Framework (traffic light system). We answer some commonly asked questions...
It has almost been a year since the Act came into force and it is a good time to summarise some of the important provisions and also consider a few implications that have been observed over the last 12 months.
The recently created risk assessment tool – a refinement of an earlier risk assessment for staff – may assist in helping employers decide whether workers can only carry out their roles by being vaccinated.
Partner Paul Shearer has been appointed a District Court Judge (effective 30 November, 2021) which will see him moving south to the Garden City - Christchurch. Paul's tireless commitment to the Taranaki community has been admirable and with over 29 years at GQ, he will be truly missed.
We are proud to share that Catherine Grogan has been appointed Partner of the firm, effective 1 January, 2022.
People often have an idea for a start-up or dream of breaking out and starting their own business. But how do you know whether to take the plunge or even what’s involved? We’ve put together an overview of the most important considerations for those looking to start a business.
Commercial Leases: Covid-19 Response (Management Measures) Legislation Act 2021 in Force
November 2021
8 November 2021
Parliament have made some notable amendments to the Covid-19 Response (Management Measures) Legislation Bill, including the start date of the “affected period” and how the parties are to determine “fair proportion” of the rent that will cease to be payable.
Parliament recently passed an amendment to the Fair Trading Act 1986 (“the Act”). The Act is an important piece of law which impacts how businesses in New Zealand operate. The upcoming law changes are particularly interesting as they go beyond standard consumer protections to affect dealings between businesses.
What are my responsibilities as a trustee of a Māori Land Trust?
October 2021
26 October 2021
Trustees perform a crucial role in the administration and management of Māori land. Trustees of a Māori Land Trust have many important duties and responsibilities to fulfil and must comply with the provisions of Te Ture Whenua Māori Act 1993 and the Trusts Act 2019 (formerly, the Trustee Act 1956).
Are you a trustee of a Māori land trust? Are you a committee or management member of a Māori incorporation or a governor of another entity subject to Te Ture Whenua Māori Act 1993? Have you considered applying to Inland Revenue Department to be treated as a Māori authority for tax purposes?
New changes to commercial leases under the COVID-19 Response (Management Measures) Legislation Bill
October 2021
7 October 2021
The Government has proposed new changes to commercial leases under the COVID-19 Response (Management Measures) Legislation Bill, to further support COVID-19 impacted businesses and tenants.
As vaccination rates have become a near daily obsession, employers continue to consider the various legal rights and obligations that intersect at our workplaces.
2021 Resident Visa offers residence pathway for eligible migrant workers
October 2021
5 October 2021
On 30 September 2021, the Government announced a new one-off residence visa pathway for some temporary work visa holders currently in New Zealand.
20 year exemption for 'new builds' from tax rule change
September 2021
29 September 2021
The Government has set out the details of the 20 year new build exemption which is a carve out to the policy limiting interest deductibility on residential property investments.
Govett Quilliam is committed to meeting our rural client needs. As part of this commitment, and to further strengthen our service, we have some dedicated legal expertise to introduce to Central Taranaki.
The rules governing New Zealand’s immigration can be confusing. The added complexity of a global pandemic, border closures and rapidly-changing policies haven’t helped. Here’s a brief snapshot of what we are seeing in the immigration law space, a heads-up about some of the impending changes and some things to think about if you are a visa holder or if you employ migrant workers.
Employment Relations Authority upholds dismissal of unvaccinated employee
September 2021
9 September 2021
In one of the first decisions relating to the dismissal of an employee refusing vaccination, the Employment Relations Authority (‘the Authority’) released its decision on 1 September 2021 in the case of GF v New Zealand Customs Service [2021] NERA 382.
Immigration New Zealand is operating under covid alert level restrictions. Paper applications are currently unable to be processed as their offices are closed and staff are working from home.
Employment law still applies to all employment relationships, despite COVID-19 related lockdowns. Both employers and employees must continue to act in good faith and meet minimum legal obligations.
Employment law still applies to all employment relationships, despite COVID-19 related lockdowns. Both employers and employees must continue to act in good faith and meet minimum legal obligations.
Richard swapped the hustle and bustle of Auckland for the Taranaki lifestyle, to join Govett Quilliam as an Associate in our Family Law Team. Richard is based in our New Plymouth office and works closely alongside Partners Alex Laurenson and Paul Shearer.
What you need to know about the Migrant Exploitation Protection Work Visa
August 2021
4 August 2021
On 1 July 2021, the New Zealand Government announced the introduction of the Migrant Exploitation Protection Work Visa (MEPWV).
The COVID-19 vaccine rollout is well underway in New Zealand. Both employers and employees should understand the guidelines around the vaccine.
The Holidays (Increasing Sick Leave) Amendment Bill received Royal Assent on 24 May 2021, with the changes amending the Holidays Act 2003 coming into effect on 24 July 2021.
From today (Monday 19 July, 2021), Essential Skills visa holders who apply for a new visa to remain in their current job will be able to stay for longer. This change is intended to provide certainty to employers and at least 18,000 visa holders while COVID border restrictions remain in place.
Refunds for unprocessed temporary visa applications for offshore applicants
July 2021
13 July 2021
While strict border controls are still in place to help prevent the spread of COVID-19, Immigration New Zealand cannot legally grant visas to people outside of New Zealand who are unlikely to meet the border entry requirements.
As of July 2021, significant changes to employer-assisted work visas are underway. From 1 November 2021, the new Accredited Employer Work Visa (AEVW) will replace 6 work visas.
Having enduring powers of attorney (EPAs) and a will in place is important for every adult whatever their age. A will is a legal document that lets you decide how you want your property, care for your dependants (partner, children etc.) and your body to be dealt with after you die. EPAs allow you to appoint a trusted person(s) to make decisions on your behalf regarding your property and health when you are unable to do so yourself, during your lifetime.
National Volunteer Week Te Wiki Tūao ā-Motu is a time to honour the collective energies and mana of all volunteers in Aotearoa. At Govett Quilliam, we have been reflecting on what we know to be true – we are community people, and our culture is deeply rooted in giving back.
Misleading price ‘discounts’: When advertising techniques become an offence
June 2021
15 June 2021
It’s normal for businesses to want to make their prices as enticing as possible. At what point does advertising cross the line and become misleading, or even an outright lie?
Buying your first home can be a very daunting experience. Not only are the sums involved absolutely mind-blowing but buying a home has a few knock-on costs that need to be factored in.
It can be difficult to contemplate and plan for the future. Often this is due to lack of time, a rapid changing environment or simply not knowing where to begin. At Govett Quilliam we have developed an expertise via our Personal Planning Team in assisting clients to understand and organise their property and personal affairs to their best advantage.
A 2017 independent survey reported around 1,500 New Zealanders every year die without a Will. Thinking about your own personal mortality can be difficult however, having a Will allows you to have a say about what happens to your assets after you have passed.
Research has shown that only 80% of New Zealanders have heard of Enduring Powers of Attorney (EPAs) and only 15% of those who knew about EPAs actually have one.
It's unlikely that the first home you buy will be your forever home. As your family grows or your salary increases you may find yourself wanting to upgrade your current home to one with more rooms, different features, or in new area of town. However, like many people, you may find yourself in the predicament of having to sell your current home in order to finance your next one.
On the 6th of April, the Whenua Māori Rating Amendment Bill passed its third reading which aims to reduce the barriers for Māori landowners who wish to better utilise and develop their whenua, particularly for those who have rates arrears.
Planning to open your business over the Easter or ANZAC holidays?
March 2021
26 March 2021
Regardless of Covid-19 Alert levels, there are some essential rules that apply over the Easter and ANZAC holidays that affect employer obligations to their employees and the ability of shops to trade.
The Government has announced a housing package that they believe will increase the supply of houses and remove incentives for speculators, to deliver a more sustainable housing market.
Here at GQ we believe that attracting fresh, committed and passionate lawyers results in businesses benefiting from the best in world-class legal talent.
The Government has recently announced amendments to holidays legislation, planned to come into effect in early 2022. The Government has accepted all of the changes recommended by the Holidays Act Taskforce, which was established to suggest improvements to the Holidays Act 2003.
Can an employer force an employee to get the Covid-19 vaccination?
February 2021
16 February 2021
The first batch of Covid-19 vaccines landed on New Zealand shores yesterday (15 February 2021), and it is reported that vaccinations are to begin this Saturday 20 February. The Government have communicated that the frontline workforce will be vaccinated first, for example, border staff and MIQ workers. Vaccine roll-out to the general public is planned to occur in the second half of 2021.
On 10 February 2021 David Parker, the Minister for the Environment, announced that the Resource Management Act 1991 (RMA) will be repealed and replaced with three new pieces of legislation.
The Residential Tenancies Act 1986 (“the Act”) sets out the laws all landlords and tenants must comply with in New Zealand. In three phases, New Zealand is to experience the largest reform of its tenancy laws in thirty-five years.
Couple used children as company directors and shareholders to evade tax
February 2021
5 February 2021
An Auckland couple has been in the news in recent weeks for repeatedly registering their teenage children as directors and shareholders of their companies, reportedly to evade tax.The District Court judge said Tamanini and Uputaua Muaiava used their children like “puppets” to evade an estimated $431,644 in tax.
New World’s recent and most popular ever promotion has caused quite a stir! Shoppers around New Zealand have been scrambling to collect stickers which can be earnt by shopping at New World in order to redeem them for Smeg knives and knife blocks.
The Employment Court issued its first Covid-19 related decision, Gate Gourmet v Sandhu [2020] NZEmpC 237 on 21 December 2020.
Whaakari/White Island Eruption – WorkSafe prosecutes 13 parties
December 2020
4 December 2020
On Monday 30 November 2020, WorkSafe New Zealand filed charges in the Auckland District Court against 13 parties over the Whaakari/White Island eruption which occurred on 9 December 2019.
The Government has announced plans to double sick leave entitlement for employees, which may be in place by late next year.
PhD and postgraduate students can return to study in New Zealand
October 2020
19 October 2020
The Government has established a new category that will allow 250 international PhD and postgraduate students to enter New Zealand and continue their studies, in the latest set of border exceptions.
New border exception for normally resident work visa holders
October 2020
9 October 2020
On 9 September 2020, the Government announced it was creating a new border exception category to enable the return of some temporary work visa holders who are overseas and have strong, ongoing links to New Zealand.
Peter Ellis appeal: treatment of tikanga Māori within our legal system
September 2020
03 September 2020
Yesterday, the Supreme Court of New Zealand announced the Peter Ellis appeal against his charges can continue after his death. This statement from our highest court will build on the conversations happening in our legal system about the status and infusion of tikanga Māori within our law.
The Government have passed the Residential Tenancies Amendment (RTA) Bill 2020. The amendments make a number of changes to the Act, which will affect both landlords and tenants.
On 30 July the Government released an announcement stating that it will provide $40 million to fund arbitration to help assist commercial lease parties settle rental disputes that occurred over lockdown.
Fifteen projects have received awards in the 2020 Western Architecture Awards, a peer-reviewed programme run by Te Kāhui Whaihanga New Zealand Institute of Architects (NZIA).
Life in the digital age means that we increasingly collect, store and disclose personal information like never before. The new Privacy Act 2020 provides a much needed change to privacy law in New Zealand, refreshing the 27-year-old Privacy Act 1993, ensuring we align with international best practice.
On 27 June 2020 the law changed to protect employees who are legally employed by one employer but carry out their day-to-day work under the direction of another business or organisation. These employees are now able to hold their day-to-day employer responsible for their actions through the enactment of the Employment Relations (Triangular Employment) Amendment Act 2019.
The COVID-19 Recovery (Fast track Consenting) Bill (the Bill) was introduced into the House on Tuesday 16 June 2020.
Parliament has passed significant changes to New Zealand’s overseas investment rules under urgency in response to the economic impact of COVID-19. The majority of the changes under the Overseas Investment (Urgent Measures) Amendment Act 2020 ("the Urgent Measures Act") came into force on 16 June 2020.
The Government has announced a temporary amendment to the Property Law Act to require a fair reduction of rent for commercial tenants that suffered due to COVID-19 restrictions.
Partners Troy Wano, Alice Tocher and Associate Rebecca Eaton joined Venture Taranaki for the 'Ahead of the Curve' webinar last Thursday 7 May. Venture Taranaki in partnership with the Regional Business Partner Network presented - Business Continuity: What local businesses should be considering to ensure business continuity through Alert Levels 3, 2 and beyond.
TSB Community Trust and Govett Quilliam are partnering to provide a joint Not-for-Profit grant to assist NFP businesses who have been substantially impacted by COVID-19.
GQ Insight As we approach and contemplate our collective preparedness for a move to Level-3, it is difficult not to pause and also contemplate as to how much has changed since 25 March 2020. From the relative safety of our homes (which for many of us have also doubled as our new/temporary workspaces), much has likely changed in terms of the way we work.
The words “redundancy” and “restructure” have always set an ominous tone in any workplace. Covid-19 clearly has not diminished that, but nor has it diminished the responsibilities of employers to their staff during a restructure.
While we will not know until next week whether New Zealand will stay in a Level 4 lockdown or whether we will progress to Level 3, yesterday the Government provided some guidance around what life and work will look like at Level 3.
The Government has announced several supports aimed at helping businesses survive the economic impacts of COVID-19. One such support is Business Debt Hibernation (BDH), which would allow businesses impacted by COVID-19 to hibernate existing debts until they can get back on their feet.
GQ Insight The general principles governing an employee’s right to be paid in accordance with their employment agreement are being tested by the COVID-19 pandemic.
Rebuilding NZ’s construction industry post COVID-19 and flow on effects for the RMA With New Zealand now two weeks into the COVID-19 Alert Level 4 lock down, a number of infrastructure and construction companies are facing the risk of insolvency. Under the Alert Level 4 rules, construction companies are only able to work on essential or critical infrastructure or carry out work required to address human health or safety risks.
Insolvency Law Relief Package – A safe harbour in troubled waters?
April 2020
8 April 2020
The current COVID-19 restrictions will significantly impact the ability of some directors to comply with their duties and the Companies Act 1993. The Government’s announcement on 3 April 2020 regarding the introduction of an insolvency relief package will therefore undoubtedly be welcome news for directors.
While our courts and justice systems in Aotearoa is considered an essential service there has been some disruption to everyday court practices. The Chief Judge of the Māori Land Court has recently issued a Level 4 protocol document in relation to Māori Land Court proceedings. They Include:
The New Zealand border is currently closed to most travellers. New Zealand citizens and permanent resident visa holders are still able to travel to New Zealand as are Australian citizens and permanent residents who are ordinarily resident in New Zealand.
GQ Insight Good faith, a term commonly used by employment lawyers, but likely a term that will gain in prominence as the nation comes to terms with the impact of Covid-19.
The Government recently announced an epidemic management notice for visas, to control the spread of COVID-19. This comes into effect on Thursday 2 April 2020.
Last Friday 27 March, the Government announced further amendments to the Wage Subsidy Scheme, effective from 4pm that day. In particular, a number of modifications were made to the declaration required to be made by anyone applying for the wage subsidy including employers.
Answers to some common questions about how the wage subsidy works.
On Wednesday 25 March the Government announced a rent freeze and more protection for tenants.
Venture Taranaki and Govett Quilliam are partnering to provide a joint SME grant to assist businesses who have been substantially impacted by COVID-19.
Under COVID-19 Alert Level 4, all New Zealanders not working in essential services must stay at home. The Ministry of Business, Innovation and Employment has stated that essential services are those that provide for the necessities of life.
On 23 March 2020, the Government announced significant further support for the economy, businesses and self-employed, in light of New Zealand preparing for Alert level 4 at midnight 25 March 2020.
Event and mass gathering restrictions and COVID-19 alert system 2
March 2020
23 March 2020
The Government currently requires that gatherings of 500 or more people in close proximity outdoors, or 100 people or more indoors be cancelled. Essential gatherings, which include work, school and public transport, are currently exempt from the restriction and can continue at this stage.
On Saturday, 21 March 2020, in response to Covid-19 the Government announced that New Zealand is at stage-2 alert. At stage-2 alert, Prime Minister Jacinda Ardern is urging employers to consider remote working options, including working from home, where possible.
On Tuesday, 17 March 2020 the Government announced its package in response to the economic impact of the ever-evolving COVID-19.
Historic rates arrears on Māori land has been a barrier for landowners to develop their land. The upcoming changes will mean that local authority chief executives will have the ability to write-off rates arrears on Māori and non-Māori land if the rates are deemed to be unrecoverable.
Many New Zealanders have embraced the use of trusts as a tool for asset protection and planning. Conservative estimates indicate that there could be between 300,000 to 500,000 trusts currently in our country.
A rising tide lifts all boats and when it comes to legal services in Taranaki we believe that attracting fresh, committed and passionate lawyers results in local businesses benefiting from the best in world-class legal talent.
What have you agreed to in all those Ts & Cs you never read?
January 2020
9 January 2020
Gym contracts, website Ts & Cs that you click to “agree” to, the lengthy terms and conditions you accept every time you enter a competition to win an overseas holiday, each time you download an app, your supermarket’s loyalty card. Each time you agree to these things you enter a contract.
The countdown to the end of the year is on, and with that usually comes the highly anticipated work Christmas party. Work Christmas parties are often seen as a well-earned chance to let loose after a busy year. Unfortunately many of us know a story or two where such an event has gone seriously wrong.
Operating from the heart of the country’s premier oil and gas region, having a strong understanding of the sector’s regulations, and knowing the key players locally have seen New Plymouth law firm Govett Quilliam become a valued adviser to the New Zealand energy industry.
While the employee in question did lose his job, his advice to anyone in the same situation, was: “I definitely recommend Joe [the clown] – he’s one of the best around”.
Public submissions are now open for Te Ture Whenua Māori Amendment Bill
October 2019
29 October 2019
Public submissions are now closed for Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill. If you would like to have your say, share your personal experiences about managing your whenua or comment on any of the proposed changes you have until Tuesday 26 November 2019 to file your submission.
A once tired-looking Powerco building has been transformed into a work of art in central New Plymouth.
Govett Quilliam is incredibly proud to have had the opportunity to sponsor the Environmental Leadership in Business Award at the 2019 Taranaki Regional Council Environmental Awards. The awards feature 5 main categories which each encourage environmental stewardship and sustainable development of natural resources.
Consultation is now open on the challenges and opportunities for building a hydrogen economy in New Zealand. The Government is seeking your feedback on the potential for hydrogen production, export and utilisation in New Zealand economy.
In September 2019, Minister Iain Lees-Galloway announced changes to temporary work visas.
Introduction of Bill to amend Te Ture Whenua Māori Act 1993
September 2019
20 September 2019
Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Bill was introduced to Parliament on 19 September 2019, which could soon see the most significant changes to Māori land law in over 20 years.
On 24 July 2019, the Hon David Parker launched the Government’s “comprehensive overhaul” of the resource management system and the Resource Management Act 1991 (“RMA”). The overhaul is intended broadly to cut complexity and costs, better enable urban development and improve mechanisms for protection of the environment.
On 8 May 2019, the Government introduced the Climate Change Response (Zero Carbon) Amendment Bill ("Zero Carbon Bill") into Parliament to address the long-term challenges of climate change. The Zero Carbon Bill seeks to amend the existing Climate Change Response Act 2002. If passed into law, this new legislation will sit alongside the Emissions Trading Scheme established under the Climate Change Response Act.
Our upcoming move of premises in September is significant to us for many reasons. One of those is that it reflects our commitment to look to the future while also celebrating the past.
A law firm is nothing without its people. And if we’re allowed a moment of pride as we approach our upcoming relocation in September, it will always be reserved for celebrating our incredible team.
On 1 July 2019 the Residential Tenancies (Healthy Homes Standards) Regulations 2019 (Standards) come into force. The Standards set minimum requirements landlords need to meet for tenants in relation to heating, insulation, ventilation, moisture and drainage and draught stopping. In this article we seek to dispel some of the myths and 'fake news' around this legislation to give you the run-down on what you'll need to do to meet the requirements.
In early September, we will shift from our current waterfront location (1 Dawson Street) to the exciting new building on the corner of Dawson and King Streets—close to the heart of the city.
A co-ownership agreement might just save your friendship. With the average house prices rising, getting on the property ladder can be harder than ever - especially if you're single and don't have the benefit of two incomes to draw upon.
Overlapping historical Treaty claims – Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84
September 2018
28 September 2018
![Overlapping historical Treaty claims – Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84](https://cdn2.hubspot.net/hub/5450097/hubfs/Te%20Tira%20Hau%20Ture%20%28Maori%20Legal%20Services%29/Image%20for%20article%202.png?width=700&name=Image%20for%20article%202.png)
In September 2018, the Supreme Court addressed the issue of overlapping historical Treaty claims in the landmark case of Ngāti Whātua Ōrakei Trust v Attorney General [2018] NZSC 84.
