In the third article in our demystifying separation series, we explore the arrangements for children, safety, and financial needs when separating.

After watching Rt Hon Jacinda Ardern step down from her role as Prime Minister in January, we considered it an appropriate time to provide some guidance to both employees and employers about the resignation process in New Zealand.

Resignation is a process where an employee voluntarily terminates their employment agreement with their employer. While resignations are a common and relatively straightforward process across New Zealand workplaces, there are some important considerations that both employees and employers should take into account.

Trusts play an important role in New Zealand society and its economy. There are an estimated half million trusts existing in New Zealand – and with good reason as trusts,  when established and managed properly, provide a valuable long-term asset management structure.

There are a range of reasons to establish a Trust, including flexibility for your family and business.  A Trust can be an excellent way to protect and preserve assets while benefitting your business and family members during and beyond your lifetime.

With modelling showing an expected decline in the current Omicron outbreak in early April, the Government has confirmed that long-awaited changes to New Zealand’s COVID-19 Protection Framework will shortly come into effect. 

Company directors have been put on notice: they may be held to be personally liable for their company’s employment law breaches; even if they genuinely believed the company was complying with its legal obligations.   

Recently, the government announced a new traffic light system to replace the alert level system when 90% “double jabbed” vaccine coverage is reached in each District Health Board’s geographic area.

As part of this announcement, a number of legislative changes regarding vaccine mandates were signaled. Of particular note was the proposed, vaccination certificate regime, under which vaccinated Kiwis, along with those medically unable to be vaccinated, would enjoy a wider range of freedoms than those voluntarily unvaccinated.

A newly proposed law looks set to require commercial landlords to negotiate rent relief deals with their tenants, in a bid by the Government to counter the economic effects of COVID-19 lockdowns on New Zealand businesses. 

Parliament went into urgency on 29 September 2021 for the first reading of the COVID-19 Response (Management Measures) Legislation Bill (“Bill”). The Bill seeks to amend a number of existing laws, however, it is the changes the Bill proposes to make to the Property Law Act 2007 (“Act”) which have received the most attention thus far. 

New Zealand’s vaccination rollout has gathered pace with approximately 782,000 Kiwi’s now fully vaccinated.  As vaccination rates increase with the availability of the Pfizer vaccine (Vaccine) and the anticipated easing of some border restrictions, a number of questions from employers and employees will arise about their obligations and rights when it comes to workplace vaccination requirements.  

From 1 October 2021, directors and senior managers of lenders (i.e. a person or business providing credit under a consumer credit contract, including some mobile traders), must comply with new due diligence duties and obligations under the Credit Contracts and Consumer Finance Act 2003 (the “CCCF Act”).

New Zealand's General Election is being held on 17 October 2020. This article provides a snapshot of some of the parties’ proposed policies on wages and working conditions. 

Planning redundancies once your employees’ wage subsidy runs out? Not so fast!

Times are tough for many New Zealand businesses right now. As a result of Covid-19 and its implications, many businesses have had to lay off staff or temporarily or permanently close due to significant decreases in revenue.

The Commerce Commission (“the Commission”) recently took issue with Hell Pizza as a result of its online advertising of the “Burger Pizza”.

The Court of Appeal at the end of June held in Bushline and Coomey v ANZ that ANZ’s representations to dairy farmer borrowers were false and of legal consequence

Trial periods are no longer available for employers with more than 19 employees

If you are an employer that relies on trial period provisions when employing new employees, you need to be aware that the law has now changed.

If you have over 19 employees, you can no longer use a 90 day trial period and any attempt to use one will not be effective.  A new approach is needed.

The Employment Relations Amendment Bill 2018 was passed on 5 December. There are 3 stages of changes, taking effect the day after the date the Bill becomes an Act (expected to be this week), 6 months after the date the Bill becomes an Act, and then 6 May 2019.