Ford Sumner Lawyers

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New Zealand’s employment law landscape could be set for another significant change.The proposed Employment Leave Bill wo...
08/10/2026

New Zealand’s employment law landscape could be set for another significant change.

The proposed Employment Leave Bill would replace the Holidays Act 2003 with a new leave framework aimed at simplifying one of the most challenging areas of employment law for employers and employees alike.

Key proposals include:

• Hours-based annual and sick leave accrual
• More flexibility to cash up annual leave
• New compensation arrangements for casual and additional hours worked

While the changes are not expected to take effect until 2028, employers should start considering the potential impact on payroll, record-keeping, employment agreements, and workforce planning.

In our article, and outline the proposed reforms and what they could mean for your business: https://www.fsl.nz/repeal-of-the-holidays-act-2003/

Can trustees be held accountable for obligations that aren't expressly written into an agreement?A recent High Court dec...
06/10/2026

Can trustees be held accountable for obligations that aren't expressly written into an agreement?

A recent High Court decision suggests they can. This decision highlights several important lessons for trustees:

• Courts may imply obligations where necessary to give effect to an agreement's purpose
• Professional trustees are held to a high standard
• Indemnity and liability protections are not guaranteed in every circumstance
• Trustees should consider both the wording and the intent behind agreements and court orders

The case is a timely reminder of the importance of careful trust administration and decision-making.

Read the full article here: https://www.fsl.nz/insights-trustee-liability-settlement-agreements/

The clock is ticking on New Zealand’s biggest leave law reform.The new Employment Leave Act 2026 comes into full effect ...
01/10/2026

The clock is ticking on New Zealand’s biggest leave law reform.

The new Employment Leave Act 2026 comes into full effect on 6 August 2028, bringing significant changes for employers, including:

• Annual and sick leave accruing from day one based on hours worked
• A new 12.5% leave compensation payment for additional hours worked
• Casual employee leave compensation increasing from 8% to 12.5%
• Bereavement and family violence leave being available from the first day of employment

While 2028 may seem a long way off, businesses should start preparing now by reviewing payroll systems, policies, and employment agreements.

Find out what the key changes mean for your business. Read the full article here: https://www.fsl.nz/preparing-for-a-new-employment-leave-regime-whats-going-to-change-in-2028/

Are your workplace policies still fit for purpose?Outdated or unclear policies can create significant challenges when wo...
25/09/2026

Are your workplace policies still fit for purpose?

Outdated or unclear policies can create significant challenges when workplace issues arise. Effective policies provide practical guidance, support consistent decision-making, and help businesses meet their legal obligations.

Our latest article explores:

- Common workplace policies every business should consider
- What makes a policy clear, practical, and effective
- Why policies should be reviewed regularly
- Recent privacy law changes that may require policy updates

Read the full article here: https://www.fsl.nz/why-workplace-policies-matter/

With transparency at the heart of the Official Information Act, it can be challenging to determine when commercially sen...
25/09/2026

With transparency at the heart of the Official Information Act, it can be challenging to determine when commercially sensitive information can legitimately be withheld.

Agencies must carefully balance their obligations to release official information against the potential commercial harm that disclosure could cause. Simply labelling information as "confidential" is not enough. The risk of prejudice must be real, specific, and substantial.

Our latest article explores:

- When commercially sensitive information can be withheld under the OIA
- What "real and substantial prejudice" means in practice
- The importance of consulting affected third parties
- How the public interest test applies
- Practical steps for responding to OIA requests

Read the full article to better understand how to balance transparency obligations with the protection of legitimate commercial interests: https://www.fsl.nz/insights-oia-commercially-sensitive-information/

With New Zealand’s election on 7 November approaching, employers and employees could be facing another significant shift...
18/09/2026

With New Zealand’s election on 7 November approaching, employers and employees could be facing another significant shift in employment law.

The past three years have brought major reforms, from the repeal of Fair Pay Agreements to the introduction of the new Employment Leave Act. The election result will help determine what comes next.

Our latest article explores key issues including:

- Pay equity and the potential return of stronger protections
- The future of employment leave and holidays
- Expanded apprenticeship support proposals
- More flexible paid parental leave arrangements

Read the full article to find out what employers should be watching ahead of the election: https://www.fsl.nz/general-election-2026-whats-at-stake-for-employers-this-november/

Buying or selling a property? Don't assume the agent has told you everything you need to know.Real estate agents have le...
15/09/2026

Buying or selling a property? Don't assume the agent has told you everything you need to know.

Real estate agents have legal obligations around what they disclose to buyers and sellers, but things can and do go wrong. Vendors can find themselves exposed if issues surface after settlement, and purchasers can be left out of pocket when key information wasn't shared upfront.

Our property team regularly helps clients on both sides of these situations, understand where liability sits, and work through the options if a deal has already gone sideways.

Read more: https://www.fsl.nz/insights-vendor-disclosure-real-estate-agent-misrepresentation/

This week our Principal Paul Gillespie joined Senior Associate Jordan Todd on the panel at Retail NZs event, Employment ...
11/09/2026

This week our Principal Paul Gillespie joined Senior Associate Jordan Todd on the panel at Retail NZs event, Employment Law: The Post-Election Outlook.

With a lot changing in employment law this term, Paul and Jordan covered the key shifts retailers need to know about, and what might be at stake depending on who forms the next government, including:

- Fair Pay Agreements and 90-day trials
- The switch from the Holidays Act to the new Employment Leave Act, and whether it's delivered on its promise
- Personal grievance changes, and whether the balance has really shifted in employers' favour
- The gateway test, the 30-day rule, and pay equity
- Termination by agreement, and why it's worth keeping on the radar

It's a great reminder that employment law doesn't sit still, and staying ahead of changes matters for any business managing a team.

Got questions about how this affects your business? Get in touch with our Employment Law team.

Collecting customer or client data from a third party? The rules just got stricter.A new obligation under Information Pr...
09/09/2026

Collecting customer or client data from a third party? The rules just got stricter.

A new obligation under Information Privacy Principle 3A now requires businesses to tell people when their personal information has been collected indirectly (say, from a supplier, a referral, or a public register) - not just when it's collected directly from them. It closes a gap that's caught plenty of organisations off guard.

If your business handles personal information sourced from anywhere other than the person themselves, it's worth checking your privacy processes now rather than after a complaint lands. Our team can help you review where you stand.

Read more: https://www.fsl.nz/closing-the-gap-new-privacy-obligations-for-indirect-collection-of-personal-information-under-ipp-3a/

We recently joined BDO Wellington and Building Institute Aotearoa to discuss the current state of New Zealand's construc...
05/09/2026

We recently joined BDO Wellington and Building Institute Aotearoa to discuss the current state of New Zealand's construction sector and some of the key challenges and opportunities facing businesses in the industry.

Ford Sumner Partner Jaesen Sumner shared practical legal insights on managing risk in a changing market, from contract administration and payment issues through to disputes and project delivery challenges.

It was great to connect with professionals from across the sector and have some honest conversations about the realities facing construction businesses and how they can position themselves for the future.

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