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Employment Relations Amendment Act NZ (2025–2026) Explained

  Employment Relations Amendment Act NZ (2025–2026): What Employers Need to Know – by Caroline Silk, Barrister and Mediator Last updated: 27 February 2026 The Employment Relations Amendment Act has now received Royal Assent and is law, introducing significant NZ employment law changes for 2025–2026. On the surface, some of these changes may look straightforward. In some cases, they may even appear favourable. In reality, there are fish hooks in each of them. Whether you are an employer, employee or contractor, it is important to understand how these amendments now operate in practice and how they may affect your existing arrangements. Contractor vs Employee – The New Gateway Test in NZ One of the most talked-about changes is the new statutory “gateway test” for determining whether a worker is genuinely an independent contractor. This follows recent cases, including the Uber driver decisions, where the Court looked beyond the label in the written contract and assessed th...
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The Holidays Act Overhaul – What Employers Need to Know

  The Holidays Act Overhaul – What Employers Need to Know Over the past few years, the Holidays Act has been under constant scrutiny for being complex and difficult to apply. Many New Zealand employers have struggled to stay compliant, often through no fault of their own—because the current calculations are confusing and inconsistent. Now the Government has announced the   biggest shake-up of the Holidays Act since 2003 . While the reforms aren’t yet law, they signal major change for every employer once the new legislation is introduced. Why the overhaul? The current Act has long been criticised for inconsistency. Each type of leave—annual, sick, bereavement, and public holidays—is calculated in different ways, depending on employment type, hours worked, and pay structure. The goal of the   Holidays Act reform  is to simplify this system so both employers and employees can understand and apply it correctly. What’s proposed According to the   Ministry of Business...
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Supporting Employees Through Criminal Charges | Name Suppression Advice NZ

Employee Criminal Charges and Name Suppression: What Employers Need to Know  More and more often, I’m hearing from employers who fi nd themselves in unfamiliar territory—an employee is facing criminal charges, and the organisation is unsure how to manage the reputational risks involved. One of the first questions I’m often asked is: “Can we apply for suppression to protect the business’s reputation?”   The short answer is yes—an employer can support an employee’s application for name or detail suppression. But it’s not a straightforward process, and there are important considerations before going down that path. What Employers Need to Consider Suppression applications must be made to the Court, and they must meet a specifi c legal threshold. If the application is unsuccessful, the details may be reported in the media. That risk alone means these decisions need to be made carefully and early, with the right legal guidance. Some of the key factors I help employers assess include...
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Why Mediate? | Mediation Services NZ

  Why Mediate? The Case for Mediation in Resolving Disputes When people think of resolving a dispute, they often picture going to court. But court proceedings can be expensive, time-consuming, and emotionally draining. Whether it’s a commercial dispute, a family matter, or an issue in the workplace, mediation can be a more effective way forward. Despite its advantages, mediation services are still underused in Aotearoa New Zealand. Many people simply don’t realise that they have another option—one that puts them in control, protects privacy, and can preserve important relationships. Here are five reasons why mediation is worth considering: 1. You Stay in Control In mediation, you choose the mediator and have a say in the process and the outcome. You’re not handing over the decision to a judge or arbitrator. That means you can reach solutions a court could never order—like an apology, a future agreement, or a mutual understanding. This sense of ownership is one of the reasons why ...
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