As we head into 2021, consumer facing organisations in New Zealand may be lagging behind a dramatic shift in consumer behaviour.

It’s been one year since the Government introduced its new procurement rules – swinging its $42 billion wallet in the direction of sustainable, socially responsible spending. Is that massive spending power starting to pull our economy in the direction the Government wants?

Grant Thornton New Zealand has recently conducted research into how much progress is being made within agencies, to get a sense of how successfully the new rules are being implemented.

Large businesses can dedicate money and resources into marketing departments. Small businesses don’t have that luxury, so they need to be careful about where to invest their hard-earned money. Consider this a little cheat sheet. Here are some basic concepts we need to clarify before moving forward.

Set out below are the steps that an employer must follow when undertaking any disciplinary process regarding an employee. In addition the specific requirements of any employment agreement also need to be followed by the employer.

When an employee is accused of not meeting their employer’s expectations, it often results in a lots of stress and anxiety for the employee. It’s no surprise then that employees frequently seek advice about their rights and options when this occurs. It can be very difficult to know what to do, and having good support may take some of the pressure off.

A personal grievance must be raised with the employer within 90 days after the event or action that led to the personal grievance, or within 90 days after the employee became aware of the event or action, unless the employer agrees or the Employment Relations Authority allows it. There must be exceptional circumstances, and it must be 'just' to allow it.

A personal grievance is a complaint made by an employee against an existing or former employer. A complaint can be the result of the following…

Small businesses have many marketing challenges. One of these challenges is how to determine what makes their business stand out from the competition. Being able to differentiate your business and communicating your unique capabilities that your competition does not have is paramount to attracting your ideal client.

Customers are rewarding businesses that “authentically - and holistically - meet their needs”. Successful marketers will be those who invest in agile marketing strategies, according to the latest study by Deloitte Insights.

There is a presumption that the trustees must disclose basic trust information to every beneficiary and trust information to beneficiaries who request it.

Here, we remind you of your obligations for the upcoming Holiday Season.

Over the next 6 to 8 weeks you have to make a decision on whether you are going to give a recognition to some of your customers, before the holiday season.

This year, most businesses have had staff working from home. Some have found that this has worked well for them and may be thinking of adopting or adapting this model either fully or partially on a more permanent basis. You would not be alone if this applies to you. The movement towards working remotely is set to continue.

These traps and mistakes are common to many entrepreneurs and small business owners

In these circumstances, the employer must allow the employee to convert the annual leave to bereavement leave if the employee wishes to do so (Section 37 of the Holidays Act 2003).

If you have not already, now is the time to ensure your team is thinking strategically about recovery. It is easy to get overwhelmed with the response process and the complexities of adapting operations to our new normal. It is, however, vital for long term success to allow time for some strategic thinking.

Computer security is back in the spotlight. Smaller businesses are more likely to be the target of scams, however, than attacks of the nature that shut down our stock exchange last month.

In our previous article on trustees’ disclosure to the beneficiaries we summarised the requirements of the Trusts Act 2019 (“the Act”) in relation to disclosure. This article is designed to provide trustees with more guidance on how they should approach disclosure to beneficiaries.

There is a presumption that the trustees must disclose basic trust information to every beneficiary and trust information to beneficiaries who request it.

The 12 New Zealand privacy principles that have underpinned our legislation since 1993 have been increased to 13 principles and some of the principles have been changed…

Major changes to the law regarding Residential Tenancies Act will come into force on 11 February 2021. The changes modernise the law relating to residential tenancies, reflect the current rental market, give tenants more security and stability, and protect landlords’ interests.

It is a good time for employers to draw on lessons learnt from recent experience with the lockdown. Taking the time to prepare and develop your policies and practices now will help to ensure your employees and work environment are safely managed and to ensure you meet your legal obligations at any alert level.

If cannabis is legalised, what does this mean for employers? Will employers have to accept employee’s turning up to work stoned?

Directors of NZ companies now have temporary protection from liability under the two insolvency-related directors’ duties required under NZ law. In this article we discuss these “safe harbours” and offer our thoughts on what directors should be doing now to help get the protection offered.

Continued squeeze on directors - Increased litigation risk and reduced protections

The Government has introduced the Fair Trading Amendment Bill into Parliament. This proposed legislation is the result of the Government's recent work on unfair commercial practices and the review of consumer credit law.

This advice is for employers looking to offer fixed-term employment to Working Holiday Visa ('WHV') holders.

Changes to the Trade Marks Act 2002 came into effect on 13 January 2020, which will impact registered trade mark owners.

The main changes are set out in this article…

Having an executor of your will is like having a manager of your affairs (your estate) after your death.

New Zealand’s privacy law is currently undergoing a major revamp, with the 1993 Act expected to be replaced by mid-2020. Here, Dan Winfield of Duncan Cotterill discusses the three things you need to know.

Here's what we recommend…

Restraint of trade clauses are common in the sale and purchase of a business and in some employment agreements. In a business context, they offer protection to a buyer who has acquired a business and prevent the seller from directly competing against the buyer

Immigration Minister Iain Lees- Galloway has announced significant changes to New Zealand’s employer-assisted work visa framework. These changes will affect the way employers recruit migrants for temporary work in New Zealand. Introduced in stages, the changes will be fully implemented by 2021.

It is important that trustees and beneficiaries are aware of the changes and the impacts on their rights and obligations and that trustees use this 18 month transition period to ensure their practices align with the provisions of the new Act.

The Residential Tenancies Amendment Bill (No 2) received its Royal Assent on 30th July 2019 bringing about significant changes for landlords to pay attention to. One such change concerns careless damages caused by tenants at rental properties.

"As any internet user knows, website terms and conditions are burdensomely long. One rarely reads the fine print when they create a social media account, buy an e-book or movie, use a ridesharing service, or download a mobile app." - A New Zealand take.

A recent decision of the Commerce Commission again sends warning bells to businesses about misleading their customers… intentionally, unintentionally or by omission.

It is reasonably common to make mistakes when completing a contract. 

The Ministry of Business, Innovation and Employment (MBIE) has released the much anticipated ‘active choice form’ that, from Monday 6 May 2019, employers must give to new employees who are covered by the 30-day rule.

The Domestic Violence - Victims’ Protection Act 2018 (“Act”) came into effect on 1 April 2019 and has many employment law commentators saying that it is the start of a new era in employment law. The Act amends the Employment Relations Act 2000, the Holidays Act 2003 and the Human Rights Act 1993 with the two main changes from an employer’s perspective being that...

There has been much publicity since the release in February of the High Court decision on directors’ liability in relation to the collapse of construction firm Mainzeal.  Here is what other managers can learn from this case.

Thirty-one March, the standard New Zealand balance date is not far away. This article discusses year-end issues that it may be prudent to consider.

The case itself was about the Commissioner of Inland Revenue taking steps to liquidate the company because of non-payment of tax debt. However, it also highlights several fundamental tax and company law issues.

The impending implementation of the Trusts Act 2019 has prompted many people and their advisors to question whether existing trusts should be retained or wound up. This article focuses on potential tax issues that trustees and their advisers may wish to consider.

The current unprecedented times have forced many businesses to reconsider their supply chain, including rethinking their import and export strategy to meet customer demands.

This issue of Tax Bites focuses on the tax obligations relating to the depreciation of commercial buildings, Writing-off of low value assets, the wage subsidy and the remission of UOMI in the current COVID-19 environment.

I have received several queries in respect of “working at home” costs during Covid-19 lockdown. This article provides a summary of the position…

Late last year Inland Revenue finalised its views on the taxation of telecommunication allowances/reimbursements and employer provided travel.

Preparing for the end of financial year - it's about as mundane a task as a business can perform. Or at least, the old way was.

The Credit Contracts Legislation Amendment Act 2019 (Act) became law on 19 December 2019. The Act amends the Credit Contracts and Consumer Finance Act 2003 (CCCFA) and introduces some significant changes which will affect all lenders providing consumer credit in New Zealand.

Given that the company tax rate is 28% and the top personal tax rate is 33% (on income above $70,000 per annum) there is a temptation for many small to medium business owners to leave profits in the company once their personal income is $70,000.