New Zealand has become the second country in the world to pass legislation that provides bereavement leave for mothers and their partners after a miscarriage or stillbirth.

The distinction between employee and independent contractor can be complex, particularly where the nature of the business model blurs the lines of standard employment practices.

With a myriad of government benefits available to help employees and businesses cope with the COVID-19 lockdowns, it is easy to become overwhelmed with the differing eligibility requirements and vario...

In Sandhu v Gate Gourmet New Zealand Ltd, Gate Gourmet challenged the Employment Relations Authority’s determination that the protections under the Minimum Wage Act 1983 (MWA) applied to its employe...

The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.

The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.

On 17 November 2020 the Minister of Commerce and Consumer Affairs announced a market study into the retail grocery sector through the Commerce Commission under Part 3A of the Commerce Act 1986 (Act).�...

Savvy Vineyards 4334 Ltd v Weta Estate Ltd [2020] NZSC 115

The Court of Appeal’s recent decision in Dold v Murphy highlights the importance of having an appropriate Shareholders’ Agreement in place.

The Organic Products Bill, which is currently at the Select Committee stage, proposes to introduce a regime to regulate claims made by businesses that products are organic (known as making an “organ...

Not since Y2K have force majeure clauses been of so much focus.

The Overseas Investment (Urgent Measures) Amendment Act 2020 (“Amendment Act”) was passed on 28 May 2020 and received Royal Assent on 2 June 2020.  The majority of the Amendment Act will ...

The long awaited reform to New Zealand privacy law is currently making its way through the final stages in Parliament, and is expected to become law on 1 November 2020. The Privacy Bill (which when en...

First prosecution for serious breaches of director’s duties under the Companies Act.

The legal distinction between contractors and employees can sometimes be a fine one. Being an employee, rather than a contractor, is generally (and in most cases) advantageous to the worker as it prov...

On Tuesday afternoon the government introduced legislation to implement the changes to the Companies Act 1993 (the Act) it announced in early April.  These changes are intended to assist companies to...

Alert Level 3 is upon us.

The current COVID-19 lockdown has brought many businesses to a standstill and, at the very least, interrupted all businesses.  In light of supply chain and workforce difficulties, together with the i...

With the COVID-19 Level 4 Eliminate now in force, so that the part of the population not providing essential services must stay home, what is the position with the payment of rent and outgoings by tenants?

Businesses can now start applying to their banks for loans under the $6.25 billion Business Finance Guarantee Scheme (“BFGS”), set up to support small and medium-sized businesses during the COVID-...

The Government, retail banks and the Reserve Bank recently announced a major financial support package for businesses affected by the economic impacts of COVID-19. The package includes a $6.25 billion...

We have prepared the following tips for businesses to guide them through the current circumstances.  Urgent advice should be sought where cash flow problems are arising, or where contractual obligati...

The COVID-19 situation is rapidly evolving, and employers need to be continually assessing and reassessing their response. This article is being updated regularly: the last update was 24 March 2020. L...