Author name: hobec_managewp

Supreme Court decision on commission payments and holiday pay

Leave a Comment / Employment Law / By

The recent Supreme Court decision in Tourism Holdings Ltd v A Labour Inspector of the Ministry of Business, Innovation and Employment [2021] NZSC 157 (“Tourism Holdings”) held that commissions can form part of an employee’s ordinary weekly pay for the purposes of calculating holiday pay if they are made substantively regularly and temporally regularly. Holidays …

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Commercial leasing during COVID-19 – new law inserting fair rental provisions

Leave a Comment / Civil Litigation & Dispute Resolution, Property Law / By

What is the new law? On 2 November 2021, Parliament passed the COVID-19 Response (Management Measures) Legislation Act 2021. The legislation inserts provisions regarding an implied term for commercial leases in the Property Law Act 2007 (PLA). The purpose of the amendment was to ensure that commercial landlords and their tenants work together to share …

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Holiday pay decision on discretionary incentive bonus schemes overturned

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In a recent decision, the Court of Appeal confirmed that payments under discretionary incentive bonus schemes do not fall within the definition of gross earnings under the Holidays Act 2003 (“the Act”). Holidays Act 2003 When calculating payment for holidays under the Act, employers must take into account “gross earnings” as defined in section 14(a) …

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Purchasing a Kiwifruit Orchard

Leave a Comment / Commercial Law, Environment & Planning, Property Law, Rural & Agribusiness / By

Purchasing a kiwifruit orchard comes with lots to think about and plenty of due diligence to undertake. Often the purchase will be conditional on these further investigations, so what is important to consider? For most orchardists, water and compliance are key considerations. Often water is sourced from a bore, either on the land itself or …

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Intensification in New Zealand’s big cities to cool the housing market and the climate

Leave a Comment / Environment & Planning / By

The Government last week introduced the Resource Management (Enabling Housing Supply and Other Matters) Bill (the Bill) to Parliament, which is the result of collaboration between New Zealand’s two major political parties. The collaboration itself signifies the seriousness of Aotearoa’s housing supply issues, with the Bill aimed at introducing mechanisms to mitigate these issues. The …

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Pest Management Plan ups the fight against kauri dieback disease in the Bay of Plenty

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Forest and Bird and Bay of Plenty Regional Council have agreed to include kauri dieback disease in the Exclusion Programme of the Bay of Plenty Regional Pest Management Plan. Kauri dieback disease is a pathogen (Phytophthora agathidicida) that kills native kauri trees by starving them of nutrients and water. It is difficult to manage because …

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Vaccination mandate expanded to health and education sectors

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The Government has announced a significant expansion of the mandatory employee Covid-19 vaccination requirement, saying that vaccination is “critical to preventing the spread of COVID-19”. Based on the announcement, by the beginning of 2022, many health sector workers, and most early childhood, primary, and secondary education sector workers, will be required to have received two …

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