News and Publications

Regulatory Systems (Immigration and Workforce) Amendment Bill 2024

The Regulatory Systems (Immigration and Workforce) Amendment Bill was introduced on 23 May 2024. It aims to improve regulatory systems by ensuring they are effective, efficient and align with best regulatory practice. The Bill proposes to revoke the Employment Relations (Infringement Offences) Regulations 2019 and to amend (among other legislation) the following:

• Employment Relations Act 2000.
• Health and Safety at Work Act 2015.
• Health and Safety at Work (Adventure Activities) Regulations 2016.
• Health and Safety at Work (Asbestos) Regulations 2016.
• Health and Safety at Work (Major Hazard Facilities) Regulations 2016.
• Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016.
• Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016.
• Health and Safety at Work (Rates of Funding Levy) Regulations 2016.
• Parental Leave and Employment Protection Act 1987.

Notable amendments to the Employment Relations Act 2000 include adding an infringement offence for employers not providing written individual employment agreements, and clarifying that employers must keep a copy of the agreement which should be “readily accessible”.

Health and Safety at Work Act 2015

In relation to the Health and Safety at Work Act 2015, the Bill makes minor changes which include:

• Expressly providing that WorkSafe may refuse an application for an Enforceable Undertaking if it does not provide for the regulator’s costs of investigating the alleged contravention.
• WorkSafe may recover from the person giving an enforceable undertaking any reasonable costs or expenses it incurs in relation to:
  • the undertaking;
  • the contravention or alleged contravention of the Act or regulations.
• Tweaking the definition of ‘notifiable incident’ so any regulation deeming an event to be notifiable to also requires a serious risk of harm.

Employment Court Amendment Regulations 2024

From 1 July 2024, the Employment Court Amendment Regulations 2024 will come into force. They will amend the Employment Court Regulations 2000 by replacing schedule 3 of the 2000 Regulations (Fees). This increases the fees related to proceedings in the Employment Court by 10%. The fees are exclusive of goods and services tax.

Employment Court                                   Current rate (incl GST)          New rate (incl GST)

Filing statement of claim in form 1AA                   $204.45                                    $225.00

Filing statement of claim in form 1                        $204.45                                    $225.00

Filing statement of claim in form 2                        $306.67                                    $337.00

Filing application for leave to serve
statement of claim on overseas party                   $204.45                                   $225.00

Filing Application for special leave to remove
proceedings to the Employment Court                 $204.45                                    $225.00

Filing application for rehearing                              $306.67                                   $337.00

Filing challenge to objection to disclosure            $102.22                                   $112.00

Filing application for verification order                  $102.22                                   $112.00

Hearing fee, for each half-day or part
thereof after the first day                                        $250.45                                   $275.00

Paid Parental Leave Increase

Under the Parental Leave and Employment Protection Act 1987, eligible parents are entitled to payments equal to their normal pay up to the current maximum rate. From 1 July 2024:

• The maximum weekly rate for paid parental leave will increase from $712.17 to $754.87 gross per week.
• The minimum parental leave payment rate for self-employed parents will increase from $227 to $231.50 gross per week to reflect the minimum wage increase that occurred on 1 April 2024.

Accident Compensation (Interest on Instalment Plans) Amendment Bill

1. The Accident Compensation (Interest on Instalment Plans) Amendment Bill was introduced to the House on 30 May 2024 and proposes to amend ACC legislation to retroactively validate the past use and current charging of debit interest on payment of levies by installments to protect ACC from legal challenge to this practice. The initial rate of debit interest on instalment plans set in the amendment bill would be at the current rate of 2.73 percent for 10-month plans and 0 percent for six- and three-months plans.
2. The Bill will progress to Select Committee.

Employment Relations (Protection for KiwiSaver Members) Amendment Bill

The Financial and Expenditure Committee reported on the Bill on 31 May 2024, and recommended it not proceed.  This was the “total remuneration” Bill, which we discussed here.

Employment Relations (Restraint of Trade) Amendment Bill

The Education and Workforce Committee reported on the Bill on 24 May 2024, and recommended it not proceed.  This was the “total remuneration” Bill, which we discussed here.

Message for Employers

Please feel free to reach out to our team if you have any questions or would like to understand the application of any of these changes to your workplace.

Disclaimer: We remind you that while this article provides commentary on employment law, health and safety and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.