Postscript

Food Act 2014 – rolling deadlines to register your food business

The legislation has introduced a sliding scale where businesses that are at a higher risk, from a food safety viewpoint, are required to operate under stricter requirements than lower risk outlets. The Ministry of Primary Industries (MPI) points out that a corner dairy operator who reheats meat pies is treated differently from a meat pie manufacturer.

New food businesses must register when they start to trade. Existing businesses are required to register with a set of rolling deadlines.

Continue reading “Postscript”

Over The Fence

Stock movements

Gypsy Day approaching and Mycoplasma bovis

First detected in New Zealand in July 2017, Mycoplasma bovis (M.bovis) has become an issue for our agricultural sector.

Gypsy Day is fast approaching for our dairy farmers which sees increased stock movements around New Zealand. If you are buying cows, we recommend that you have the protection of a written agreement. This agreement can provide warranties and provisions around the rejection of animals.

Such protections are not available, obviously, when moving your own stock to another property you also own or on which you sharemilk. We recommend you check for Restricted Place Notices and Notices of Directions when moving stock/farms.

Continue reading “Over The Fence”

Great, You Have Found a New Business, Now How to Buy It?

Looking to purchase a business? We can help! There are a number of steps involved in buying a business, and working your way through them can seem quite overwhelming, particularly for first time buyers.

Often prospective purchasers overlook important aspects and end up having to sort out issues that arise after settlement – at significant cost. This article puts the spotlight on common snags people experience when buying a new business.

Choosing a business structure

It’s important that you select the business structure to suit your personal circumstances and business aims. There are four main types of business structures, each with pros and cons:

Continue reading “Great, You Have Found a New Business, Now How to Buy It?”

Flurry of Employment Law Changes Ahead

The 2017 general election has given the Labour-led government an opportunity to re-shape the direction of employment law in New Zealand.

We outline the upcoming changes, announced on 25 January, which include modifications to the 90-day trial period, the restoration of rest periods and collective bargaining. These changes will be incorporated into an amendment to the Employment Relations Act 2000. We also touch on the proposed compulsory redundancy provisions.

The 90-day trial period

After early indications that this change was to affect all businesses, the government will abolish the current 90-day trial periods for businesses with more than 20 employees. The 90-day trial periods remain in place for businesses with 19 or fewer employees.

New employees of businesses with 20+ employees now have recourse against any perceived unfair treatment and unjustified dismissal by allowing them to bring personal grievance proceedings during the first 90 days of employment.

Continue reading “Flurry of Employment Law Changes Ahead”

Over the Fence

New government-endorsed health and safety toolkit now available

SafePlus, a new government-developed and endorsed health and safety toolkit, is now available to all New Zealand businesses, including those in the rural sector.

SafePlus currently consists of three products:

  1. Resources and guidance
  2. Independent onsite assessment and advisory service, and
  3. Online self-assessment tool (available mid-2018).

Continue reading “Over the Fence”

Privacy in the Workplace

What’s yours is mine?

In a world where technology is becoming more prevalent, it’s easy to feel that privacy rights are a thing of the past.

During the recent election campaign, New Zealand First leader Winston Peters accused government officials of breaching his privacy by leaking information to the media regarding errors in his superannuation payments. This created an uproar and, as yet, it’s not clear how the information was provided to the media. Not all privacy breaches are so high profile but they are becoming increasingly common given developments in technology and social media. Considering the numerous forms of communication we have now, there are many ways that information can be disseminated.

Continue reading “Privacy in the Workplace”

Business Briefs

Security cameras – When does surveillance become an invasion of privacy?

The use of closed circuit television (CCTV) and/or security cameras are useful security tools for businesses to deter unwanted behaviour and identify wrongdoers. When you’re deciding whether to install and use CCTV and/or security cameras to protect your business, you must be aware of your obligations under the Privacy Act 1993.

The Act contains 12 privacy principles around the collection, use and disclosure of personal information. Personal information must be collected and used for lawful purposes, and usually can’t be disclosed to third parties without that person’s consent. To find out more about the 12 privacy principles, go here.

Continue reading “Business Briefs”

Time to Update Your Ts and Cs

New legislation in force from 1 September 2017

In February the Contract and Commercial Law Act 2017 (CCLA) was enacted which will repeal a number of commercial statutes and consolidate them in the CCLA. It comes into force on 1 September 2017.

If you operate a business that uses standard form contracts, terms of trade or other such documents which refer to the old laws, you should update those to take account of the new legislation.

Continue reading “Time to Update Your Ts and Cs”

Business Briefs

It will all come out in the wash: non-compliance with minimum employment standards

The Employment Relations Authority (ERA) has imposed a significant penalty of $145,000 on Manukau Auto Valet Limited for its failure to pay minimum wages and/or holiday pay to at least 115 of its employees.[1] The penalty was imposed in addition to Manukau Auto Valet’s reimbursement of $96,451 to its employees, which was owed as a result of its non-compliance.

In total there were 322 separate breaches of employment law, each being capable of being penalised with a fine of up to $20,000 that created a total potential liability of $6,440,000. However, as is usual in situations like this, the ERA applied a globalised approach in respect of the breaches and considered other relevant matters such as Manukau Auto Valet’s co-operation. The penalty was reduced to $145,000, which is still a significant sum.

Continue reading “Business Briefs”

Over The Fence

Further implementation of bobby calf regulations

Last year new regulations for young calves were introduced and took effect from 1 August 2016; we covered this in Rural eSpeaking, Winter/Spring 2016.

On 1 February, a new regulation came into force; bobby calves are to be fed at least once in the 24 hours before slaughter (a reduction from 30 hours).

Further regulations are to take effect this year including:

  • Proposed 1 August 2017: Suitable shelter will have to be provided for young calves before and during transportation, and at points of sale or slaughter, and
  • Proposed 1 August 2017: Loading and unloading facilities will have to be provided and used when young calves are transported for sale and slaughter. The facilities must be designed so that a calf is able to walk on or off the transport.

Continue reading “Over The Fence”