BuckettLaw

26/03/2026

🚨 Employment Law Updates – Coming 1 April 2026

Minimum Wage is going up:
💼 Adult: $23.95
📘 Training/Starting‑out: $19.16
KiwiSaver changes:
📈 Employer + employee minimum contributions rise to 3.5%
✅ 16–17 year olds now get compulsory employer contributions
👉 Employers: update payroll + check employment agreements, especially for minimum‑wage staff.

🔥 Already in force (from 21 Feb):
$200k+ Dismissal Threshold
Employees on $200,000+ (new agreements) can’t raise unjustified dismissal claims.
Reduced Remedies
If an employee contributed to their own grievance, remedies must be reduced or removed.
Contractor vs Employee
A new gateway test clarifies contractor status.
30‑Day Rule Gone
New hires can sign individual agreements from day one. Union info still required.

📝 Employers should review: agreements, policies, onboarding processes, and contractor arrangements.

Need help staying compliant? BuckettLaw has you covered. ✅

10/02/2026

Barbara Buckett was pleased to speak with Cameron Cooper from Acuity Magazine on the growing issue of phoenixing and its impact on both businesses and employees.
As Barbara highlights, “Phoenixing undermines fair competition and leaves hardworking employees and creditors bearing the cost. Stronger accountability and greater transparency are essential if we want to protect the integrity of our business community.”
You can read the full article here:

How can we stop phoenixing – the illegal practice of liquidating or abandoning companies, then resurrecting them under a new name to avoid debts?

13/01/2026

Welcome Back — Happy 2026 from BuckettLaw!

This year brings major shifts in NZ employment law. Here are the key changes employers need to know:

✅ Wage Theft = Criminal Offence
Intentional non-payment of wages (over $1,000) can lead to up to 7 years’ imprisonment.
✅ Partial-Strike Pay Deductions
Employers can deduct 10% or proportionate pay during partial strikes—strict notice rules apply.
✅ Pay Transparency
Employees can discuss pay freely; retaliation can lead to personal grievances.
✅ Upcoming Holidays Act Reform
Leave will accrue hourly, be taken in hours, and calculated at a standard rate. Casuals get guaranteed leave compensation.
✅ Employment Relations Amendment Bill
• Clearer contractor vs employee test
• $200k high-income threshold for dismissal claims
• Reduced remedies for misconduct
• Removal of the 30-day union rule

With so much change, now’s the time to review your agreements and policies. BuckettLaw can help you stay compliant and confident in 2026.

📩 Get in touch to future-proof your workplace.

19/11/2025

Barbara Buckett was delighted to speak with Emile Donovan on RNZ last night about the Supreme Court’s Uber decision and its potential implications for other contractors. You can listen to the full interview here.

Uber contracts 11,000 drivers in New Zealand - it is our biggest ride-sharing app and yesterday, a long-running court case involving Uber came to a close.

06/11/2025

It was a pleasure to speak with RNZ yesterday. I appreciate an opportunity to share insights on such an important employment event.

In that discussion Barbara Buckett described the scale of the misconduct, over 120 officers involved in falsifying around 30,000 breath tests as “unfathomable” and unprecedented in her experience. She noted that while isolated incidents of record falsification do occur in the public sector, the geographical spread and volume of this case could point to systemic failings within the police organisation. [rnz.co.nz]
From an employment law standpoint, Barbara Buckett stated that this conduct prima facie constitutes serious misconduct, which could justify disciplinary action up to and including summary dismissal. She emphasized that such behaviour undermines the trust and confidence essential to the employment relationship although added the fact that all staff had not been suspended may undermine a destruction of trust and confidence argument.
However, she also stressed the importance of due process:
• Each officer’s case must be individually assessed.
• Considerations should include intent, context, and any mitigating factors.
• And parity of treatment treating all those involved consistently
Potential Penalties
• Summary dismissal is a possible outcome for those found to have deliberately falsified records.
• Criminal investigations have not been ruled out by police leadership, which could lead to criminal charges depending on the findings.
While Buckett did not specifically comment on whether officers would need to declare this misconduct in future employment, standard practice in New Zealand public service and law enforcement would likely require:
• Disclosure of disciplinary history in future job applications, especially within government or law enforcement.
• Impact on career progression, particularly for roles requiring high integrity and public trust.
https://www.rnz.co.nz/news/national/577953/extent-of-police-falsifying-breath-tests-unfathomable-employment-lawyer

The number of staff involved, and the fact it occurred across the country, points to wider problems, Barbara Buckett says.

10/10/2025

Was Adrian Orr Paid to Stay Silent—or Truly Restrained?

Adrian Orr’s $416k restraint of trade payment has sparked a legal and ethical debate. The clause was meant to protect sensitive institutional knowledge—but was it enforced?

The Reserve Bank says the payment was “conditional,” yet Orr reportedly launched a consultancy firm within hours of the restraint ending. If he wasn’t actively prevented from working, was the payment justified?

Under NZ law, restraint clauses must be reasonable, protect legitimate interests, and not conflict with public policy. If no formal judgment was made to impose restraint, this could be seen as public largesse—not a protective mechanism.

In times of economic strain, public trust hinges on transparency and accountability. This case is a reminder: executive contracts must be clear, enforceable, and aligned with the public interest.

Barbara Buckett had the opportunity to comment on the restraint of trade payment through Newsroom. Read the article here:

Opinion: If the Reserve Bank didn't assess the risk of its market sensitive information being misused before making Adrian Orr's restraint payment, then the $416k looks like unearned public largesse

02/10/2025

Holidays Act Reform: What Employers and Employees Need to Know

https://www.buckettlaw.co.nz/article/holidays-act-reform-employment-leave-bill-nz

28/09/2025

Will the New Public Service Standards on Sexual Harassment Deliver Real Change – or Are They Just Another Policy with No Teeth?

BuckettLaw reviews NZ’s new public service sexual harassment standards—monthly updates, legal support, escalation. Will they deliver real change?

24/09/2024

It’s Mental Health week; a timely reminder that work environments need to be safe and healthy; free from pressures and stressors that cause psychosocial harm.

We at Buckettlaw are observing an increase in mental health issues arising in the workplace from an under appreciation by workplaces to callout inappropriate behaviour work when they happen, work overload, stress and abuse of power.

It’s Mental Health week; a timely reminder that work environments need to be safe and healthy; free from pressures and stressors that cause psychosocial harm.We at Buckettlaw are observing an increase in mental health issues arising in the workplace from an under appreciation by workplaces to call...

27/08/2024

Recently, Wells Fargo sacked a significant number of workers for ‘mouse jiggling’.

A “mouse jiggler”, also known as a ‘mouse mover’, is a device or piece of software designed to keep a desktop or laptop computer active. It automatically moves the cursor every few seconds to stop the device from showing idle or going into inactive mode.

Read our full post:

A “mouse jiggler”, also known as a ‘mouse mover’, is a device or piece of software designed to keep a desktop or laptop computer active.

29/07/2024

In light of recent events at Oranga Tamariki, our senior employment lawyer, Barbara Buckett, examines the legal implications of leaking confidential information in the workplace.

Key points covered:

- Potential breach of employee obligations
- Importance of clear confidentiality requirements
- Risks for both employers and employees
- Advice for those facing disciplinary allegations

Whether you're an employer navigating a restructure or an employee concerned about workplace changes, understanding your rights and obligations is crucial.

Read the full article on our website to gain valuable insights into this complex area of employment law. As always, we're here to provide expert guidance tailored to your specific situation.

Visit our blog: https://www.buckettlaw.co.nz/article/leaks-confidentiality-and-trust-in-employment-law

Need personalised advice? Contact us for a complimentary 15-minute consultation with one of our expert employment lawyers.

Leaks could reasonably be considered a breach of employee obligations, particularly in terms of confidentiality. If you are an employee facing a disciplinary allegation, it is important to promptly seek legal advice.