COVID-19 - Insights & Opinion

Property Law Act COVID Extensions to End in March

Extended timeframes for taking enforcement action on mortgage defaults and unpaid commercial lease rental will come to an end on 20 March 2023. The extended timeframes were brought in by amendments to...

03.03.2023 Posted in COVID-19 & Property

Police and Defence Force Vaccination Mandate overturned – is this a big deal or not?

On 25 February 2022, the High Court upheld a challenge to the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021 (“the mandate”). What was the outcome of this case? The ...

08.03.2022 Posted in COVID-19 & Employment

Supply Shortages are Here to Stay – Managing Cost Escalation under NZS 3910:2013

Over the past year, New Zealand has experienced a significant increase in the cost of construction, primarily from Covid-19 related disruptions. Supply chain constraints combined with booming domest...

04.03.2022 Posted in Construction & COVID-19

New booster requirement introduced for some workers

On 23 January 2022, the COVID-19 Public Health Response (Vaccinations) Amendment Order 2022 (the 2022 Amendment Order) came into force. This amends the previous COVID-19 Public Health Response (Vacc...

24.01.2022 Posted in Business Advice & COVID-19 & Employment

Are you ready for the new Covid-19 Protection Framework?

Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December. Employers operating...

02.12.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety

Covid-19 Risk Assessment – Vaccines only part of the solution

Vaccine mandates have been the “hot topic” in the news recently. However, it has become clear that vaccines are not a silver bullet and relying on vaccination alone to address the risk of Covid-...

01.12.2021 Posted in COVID-19 & Employment & Health & Safety

COVID-19 Protection Framework: Vaccination Certificates and Simplified Risk Assessment on its way

For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System). The scope of this requirement is slated...

23.11.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety

Can Covid-19 frustrate a contract?

Introduction Covid-19 has had a significant impact on the transport sector, in particular the aviation industry. It has been common for parties affected by Covid-19 to assert that it amounts to a fo...

19.11.2021 Posted in Business Advice & COVID-19 & Trade and Transport

Health check on solvency position: time to conduct an annual review and plan for the future

As 2021 draws to a conclusion and businesses begin to consider what operations will look like in the new year, it will be necessary to reflect on the impact of Covid-19 and prepare for life under the ...

18.11.2021 Posted in Business Advice & COVID-19 & Employment & Insolvency and Restructuring

Home Alone? MBIE forced to reconsider home isolation application

In Bolton v The Chief Executive of the Ministry of Business, Innovation and Employment [2021] NZHC 2897 the High Court set aside a decision of MBIE denying an application for MIQ exemption.

04.11.2021 Posted in COVID-19 & Disputes

Extending the reach of the jab –the Public Health Response (Vaccinations) Order – round 3

While we have known for a while that the government was expanding the scope of the vaccination requirements, many schools and health providers have been waiting with bated breath for the actual Order ...

26.10.2021 Posted in Business Advice & COVID-19 & Employment

Update – August/September 2021 Lockdown – what financial support is available?

The Government is offering various support schemes to help employees and businesses cope with the 2021 COVID-19 Lockdown. Given the differing eligibility requirements it is easy to become overwhelmed.

07.10.2021 Posted in Business Advice & COVID-19 & Employment

Alert Level 3; Hi-ho, hi-ho, back to work we go?

In Auckland, we’re excited to be moving to Alert Level 3, if only so we can take a break from cooking every single meal!

21.09.2021 Posted in Business Advice & COVID-19 & Employment

Employment Relations Authority Finds Dismissal of Unvaccinated Border Worker to be Justified

On 1 September 2021, The Employment Relations Authority (Authority) determined in GF v New Zealand Customs Service [2021] NZERA 382, that the New Zealand Customs Service (Customs) was justified in its...

10.09.2021 Posted in Business Advice & COVID-19 & Employment

COVID-19 AML/CFT Guidance and Annual Report Extension

In a recent statement by the Financial Markets Authority, the Department of Internal Affairs (DIA) and the Reserve Bank of New Zealand (together, the Supervisors), it was agreed that the submission da...

31.08.2021 Posted in Business Advice & COVID-19 & Regulatory

What happens if my employee refuses to get the COVID-19 vaccination?

While there are enough COVID-19 vaccinations to inoculate each New Zealander, it has been reported that some ‘frontline’ workers have refused to get vaccinated, or have failed to attend vaccinatio...

14.04.2021 Posted in Business Advice & COVID-19 & Employment

COVID-19 – Government support explained

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...

04.03.2021 Posted in Business Advice & COVID-19 & Employment

COVID-19: Who Takes the Pay Hit When There is Little or No Work During Lockdown?

The COVID-19 situation is a rapidly changing beast.

18.08.2020 Posted in Business Advice & COVID-19 & Employment

COVID-19 Redundancies: Cutting Corners Courts Censure

The Employment Relations Authority (Authority) has recently issued a determination that considers redundancies implemented due to the Government’s COVID-19 restrictions: De Wys and Jenney v Solly�...

13.08.2020 Posted in COVID-19 & Employment

COVID-19 and the Future of Force Majeure

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

24.06.2020 Posted in Business Advice & COVID-19 & Trade and Transport

COVID-19: Weekly Construction Briefings

12 June 2020 New Zealand has moved into Alert Level 1 from 8 June 2020. While this means that life has largely returned to normal, as physical distancing and other restrictions have been removed, upd...

12.06.2020 Posted in Construction & COVID-19

COVID-19: Considerations for trustees

Navigating Uncertain Times for Trustees – considerations in light of Coronavirus

04.06.2020 Posted in COVID-19 & Private Wealth

COVID-19 – Contact Tracing – Health and Safety and Privacy. Think! and save us all.

As we slowly venture out into the world, we have noticed some businesses have adopted questionable contact tracing practices. Businesses need to Think! about the competing obligations they are opera...

19.05.2020 Posted in COVID-19 & Employment

COVID-19: OIO Update

Government fast-tracks new measures during COVID-19 crisis

14.05.2020 Posted in Business Advice & COVID-19 & Foreign Investment

COVID-19: Industries interrupted: A call for clarity in respect of Business Interruption Cover

Understandably, businesses worldwide are looking for financial support to offset losses flowing from the restrictions governments have placed on how we can conduct business as part of global and local responses to control the spread of COVID-19.

13.05.2020 Posted in Business Advice & COVID-19 & Insurance

COVID-19: Insolvency Law Changes

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...

06.05.2020 Posted in Business Advice & COVID-19 & Insolvency and Restructuring

COVID-19: Extension of Leave Support Scheme for “At Risk” Workers

On 24 April 2020 and with a shift to Alert Level 3, the Government has announced that the COVID-19 Essential Workers Leave Support Scheme has been extended to cover “non-essential” workers who are...

04.05.2020 Posted in Business Advice & COVID-19 & Employment

COVID-19: Health and Safety at Level 3

Alert Level 3 is upon us.

24.04.2020 Posted in Business Advice & COVID-19 & Health & Safety

COVID-19: It’s advertising as usual in New Zealand

New Zealand’s Advertising Standards Authority (“ASA”), the industry organisation responsible for the self-regulation of advertising content and placement across all media in New Zealand, has emp...

23.04.2020 Posted in Business Advice & COVID-19

COVID-19: Contracts – Managing through lockdown and beyond

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...

20.04.2020 Posted in Business Advice & COVID-19

COVID-19: Yachting update

The Covid-19 pandemic has already had a significant impact on the marine industry. In this briefing, we summarise the current situation for the yachting sector in New Zealand and the Pacific. New Ze...

20.04.2020 Posted in COVID-19 & Trade and Transport

COVID-19: It’s not plain sailing for yacht owners

These are challenging and uncertain times and we wanted to provide a briefing on some of the issues yacht owners may be experiencing during the current lockdown. Do you have a mortgage over your yacht...

16.04.2020 Posted in COVID-19 & Trade and Transport

COVID-19: Next Level: Employment beyond Lockdown

Next Level We are almost 3 weeks into a Level 4 lock-down and a little over a week from Level 3 if all goes to plan. Now is the time to be thinking about what the next stage will look like for your bu...

14.04.2020 Posted in Business Advice & COVID-19 & Employment

COVID-19: Impacts on Construction Contracts

New Zealand entered Covid-19 Alert Level 4 at 11.59pm on Wednesday 25 March. Anyone not working in essential services is required to stay at home. This restriction does not apply to building or co...

08.04.2020 Posted in Construction & COVID-19

COVID-19: Government contract guidelines for NZS3910:2013

The Government has announced contract guidelines to help support the construction industry during the Covid-19 restrictions. These apply to contracts based on NZS3910:2013 (un-amended), being the mo...

08.04.2020 Posted in Construction & COVID-19

COVID-19: Temporary ‘safe harbour’ from directors’ insolvency duties

As mentioned in Hesketh Henry’s article “COVID-19: Insolvency law changes” (https://www.heskethhenry.co.nz/insights-opinion/covid-19-insolvency-law-changes/), Grant Robertson has announced that ...

06.04.2020 Posted in Business Advice & COVID-19 & Insolvency and Restructuring

COVID-19: Government signals infrastructure push for economic recovery

While New Zealanders play their part in eliminating the spread of COVID-19 by staying at home, the government has released details of its plans for the construction sector in a post COVID-19 New Zeala...

06.04.2020 Posted in Construction & COVID-19

COVID-19: Insolvency law changes

On Friday afternoon the government announced temporary changes it intends to make to the Companies Act 1993 (the Act) to assist companies facing financial stress during the COVID-19 pandemic. Summary ...

06.04.2020 Posted in COVID-19 & Insolvency and Restructuring

COVID-19: Business Finance Guarantee Scheme – loan applications now open

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-...

03.04.2020 Posted in Business Advice & COVID-19

COVID-19: Anarchy does not rule, OK?!

Employment Issues and COVID-19 – Updated 1 April 2020

01.04.2020 Posted in Business Advice & COVID-19 & Employment

COVID-19: Health and Safety in essential businesses

In response to the Covid-19 pandemic, New Zealand’s alert level is currently at Alert Level 4.

31.03.2020 Posted in Business Advice & COVID-19 & Health & Safety

COVID-19: Business Finance Guarantee Scheme

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...

30.03.2020 Posted in Business Advice & COVID-19

COVID-19: Relief for businesses: COVID-19 Economic Response Package – updated 31 March 2020

The Government has introduced a number of key measures to reduce the impact of the COVID-19 pandemic on businesses: Wage subsidy scheme – businesses may be eligible for wage subsidies ($585.80 (gro...

25.03.2020 Posted in Business Advice & COVID-19

COVID-19: Advice for businesses

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...

20.03.2020 Posted in Business Advice & COVID-19 & Insolvency and Restructuring

COVID-19: Employment issues -updated 24 March 2020

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...

17.03.2020 Posted in Business Advice & COVID-19 & Employment