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NATLEX
Database of national labour, social security and related human rights legislation

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Country: New Zealand - Month updated: June 2020

  1. New Zealand - - Law, Act

    Employment Relations (Triangular Employment) Amendment Act 2019 (2019 No 36). - Legislation on-line

    Adoption: 2020-06-27 | NZL-2020-L-110028

    The Employment Relations (Triangular Employment) Amendment Act regulates triangular employment – such as a labour hire model – where someone is employed by one employer, but working under another business or organisation that directs or controls the employee’s day-to-day work (a controlling third party).

    Currently, employees can only bring a personal grievance – such as for harassment or discrimination – against their employer. For people in triangular employment situations, this limits their ability to raise a grievance, as often the actions that lead to them taking a claim are those of the controlling third party they are working with, rather than the person actually employing them.

    The law allows either the employee or the employer to apply to the Employment Relations Authority to join a third party to a personal grievance claim, and for remedies to be apportioned to the responsible parties.

  2. New Zealand - - Regulation, Decree, Ordinance

    Employment Relations Authority Amendment Regulations 2020 (2020/107). - Legislation on-line

    Adoption: 2020-06-02 | NZL-2020-R-110023

    1 Title
    2 Commencement
    3 Principal regulations
    4 Regulation 5 amended (Commencement of proceedings)
    5 Regulation 7 amended (Undertaking in relation to application for interim reinstatement)
    6 Regulation 8 amended (Statement in reply)
    7 Regulation 9 amended (Commencement of investigation)
    8 Regulation 9A replaced (Determination as to whether bargaining has concluded) Joining controlling third party to personal grievance
    9A Joining controlling third party to personal grievance
    9 Cross-heading above regulation 13 replaced Lodging documents
    12A How to lodge documents
    10 Regulation 15 amended (Address for service)
    11 Regulation 16 amended (Service of notices and documents)
    12 Schedule 1 amended
    13 Schedule 2 amended

    Schedule
    Forms 4 and 5 of Schedule 1 replaced
    Explanatory note
    Administrative Information

  3. New Zealand - - Law, Act

    COVID-19 Response (Requirements For Entities—Modifications and Exemptions) Act 2020 (2020 No 14). - Legislation on-line

    Adoption: 2020-05-15 | NZL-2020-L-110022

    The Act gives entities relief from certain obligations in their rules and makes it possible for them to use electronic means (including electronic voting and the use of electronic signatures).

  4. New Zealand - - Law, Act

    COVID-19 Public Health Response Act 2020 (2020 No 12). - Legislation on-line

    Adoption: 2020-05-13 | NZL-2020-L-110021

    Contents
    1 Title
    2 Commencement

    Part 1 - Preliminary provisions
    3 Repeal of this Act
    4 Purpose
    5 Interpretation
    6 Transitional, savings, and related provisions
    7 Act binds the Crown

    Part 2 - Provisions to limit the risk of outbreak or spread of COVID-19
    Subpart 1—Section 11 orders
    8 Prerequisites for all section 11 orders
    9 Minister may make section 11 orders
    10 Director-General may make section 11 orders
    11 Orders that can be made under this Act
    12 General provisions relating to section 11 orders
    13 Effect of section 11 orders
    Subpart 2—Further provisions relating to section 11 orders
    Form of orders, etc
    14 Form, publication, and duration of section 11 orders
    15 Amendment or extension of section 11 orders
    Parliamentary approval
    16 Section 11 order made by Minister revoked if not approved by House of Representatives
    Application of Legislation Act 2012
    17 Section 11 orders to be disallowable instruments
    Subpart 3—Enforcement, offences, and penalties
    Authorised persons
    18 Authorised persons
    19 Evidence of identity
    Enforcement
    20 Powers of entry
    21 Power to give directions
    22 Power to close roads and public places and stop vehicles
    23 Power to direct person to provide identifying information
    24 Power to direct business or undertaking to close
    25 Directions may be given verbally or in writing
    Offences
    26 Offences relating to compliance with orders
    27 Offences relating to exercise of enforcement powers
    Provisions relating to infringement offences
    28 Proceedings for infringement offences
    29 Who may issue infringement notices
    30 Infringement notices
    31 Reminder notices
    32 Payment of infringement fees
    Subpart 4—Miscellaneous provisions
    33 Regulations
    34 Protection of persons acting under authority of this Act

    Part 3 - Amendments to Civil Defence Emergency Management Act 2002
    35 Amendments to Civil Defence Emergency Management Act 2002
    36 Section 66 amended (Minister may declare state of national emergency)
    37 Section 68 amended (Declaration of state of local emergency)
    38 Section 94B amended (Notice of local transition period)
    39 Section 94E amended (Termination of transition periods)

    Part 4 - Amendment to Oranga Tamariki Act 1989
    40 Amendment to Oranga Tamariki Act 1989
    41 Section 272 amended (Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences)

    Schedule 1 - Transitional, savings, and related provisions
    Schedule 2 - Orders under section 70 of Health Act 1956 relating to COVID-19
    Schedule 3 - Infringement notice and reminder notice
    Legislative history
    Administrative information

  5. New Zealand - - Regulation, Decree, Ordinance

    Epidemic Preparedness (Employment Relations Act 2000 - Collective Bargaining) Immediate Modification Order 2020 (LI 2020/61). - Legislation on-line

    Adoption: 2020-04-14 | Date of entry into force: 2020-04-16 | NZL-2020-R-110026

    These changes extend timeframes involved in collective bargaining that would otherwise apply, and allow unions to notify an alternative ratification process if the previous ratification process is now impracticable (e.g. in person meetings). It comes into force on 16 April 2020 and is revoked 3 months after the Epidemic Preparedness (COVID-19) Notice 2020 (the Epidemic Notice) expires or is revoked. It modifies restrictions and requirements imposed by the Employment Relations Act 2000 (the Act) that may be impossible or impracticable to comply with during an epidemic.

    The Act has been temporarily changed to:

    - modify the maximum time frames for an employer to notify their employees who are in work and covered by collective bargaining that has been initiated, to exclude the duration of the Epidemic Notice (modifying section 43).
    modify the maximum time frames for an employer to seek consolidation of notices to initiate collective bargaining (40 days), and for unions to respond to an attempted consolidation (30 days), to exclude the duration of the Epidemic Notice (modifying section 50).
    - where collective agreements would have otherwise expired, but are still in force for 12 months after expiry, modify the 12-month period to exclude any period covered by the Epidemic Notice if the 12-month period would otherwise end while the Epidemic Notice is in force or up to three months after it expires or is revoked (modifying section 53).
    - allow the union to notify the other intended party or parties to a collective agreement of a new ratification procedure to ratify the collective agreement (e.g., online balloting, videoconferencing or teleconferencing) if a union has committed at the outset of collective bargaining to a ratification procedure that is no longer practicable (e.g. in-person ratification meetings) (modifying section 51).

  6. New Zealand - - Regulation, Decree, Ordinance

    End of Life Choice Referendum Order 2020 (LI 2020/48). - Legislation on-line

    Adoption: 2020-03-23 | NZL-2020-R-110025

  7. New Zealand - - Regulation, Decree, Ordinance

    Minimum Wage Order 2020 (LI 2020/9). - Legislation on-line

    Adoption: 2020-02-17 | NZL-2020-R-110027

    The Order increases the adult minimum wage $1.20 from $17.70 to $18.90 per hour on 1 April 2020.


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