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Employment Law – Statement of Peter Humphreys on Today’s Supreme Court Decision

Source: PSA

Today’s Supreme Court decision means a great deal to me and my whānau. The care I provide for my daughter is not only an act of love, but it is also skilled, demanding work that deserves to be recognised and fairly rewarded. This work goes beyond love alone. It involves dedication, knowledge and responsibility that meets the same standards expected in professional care settings.
This case was never just about me or my whānau. It was taken on behalf of thousands of families who deliver complex care at home so disabled people can live full and meaningful lives in their communities.
Caring for my daughter is the most important role I will ever have, but it also replaces services the Government would otherwise need to provide. This judgment makes it clear that when the Government relies on family carers to carry out this work it must also respect our rights as workers, with fair pay, proper protections, and dignity.
This decision has been a long time in the making. It has taken more than six years of going through the court system to reach this point – a process that was exhausting, stressful, and often disheartening. No family should have to endure such a lengthy legal battle just to have their work recognised and respected.
For too long many carers have felt invisible and undervalued. I hope that this decision gives them confidence to speak up, and that it drives real, lasting change in how disability support is funded and delivered across Aotearoa. No one should have to fight in court simply to be treated decently.
It is also vital that parents and family carers join a union, so they have the same backing and protection as other workers. Having collective support makes a significant difference when it comes to workplace issues such as pay, training, and fair treatment.
I want to thank my daughter, my whānau, and our wider disability community for standing alongside us throughout this journey. I wish to especially thank my lawyer, Peter Cranney, whose dedication and belief in my case made this outcome possible. This win belongs to all of us who have persevered despite a system that too often made things harder instead of easier.
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Legislation – A blueprint for more pollution and environmental harm – Greenpeace reaction to new Resource Management bills

Source: Greenpeace

Greenpeace says the Government's rewrite of New Zealand's core environmental laws includes an outrageous new idea, whereby companies will be able to claim financial compensation when councils introduce rules to limit pollution or protect the environment.
The proposal, called “regulatory takings” was announced as part of the Government’s plan to replace the Resource Management Act with a Natural Environment Bill and a Planning Bill.
Greenpeace campaigner Genevieve Toop says: “New Zealanders should never be expected to pay financial compensation to the very companies causing damage to their communities.
“Under this plan, New Zealanders would have to pay companies causing environmental harm to get them to stop. It flips the entire principle that polluters should pay on its head.
“In practice, this means that if regions like Gisborne want stronger rules to stop forestry slash destroying homes and rivers, ratepayers would likely be forced to pay offshore forestry companies 'compensation’. It’s absurd,” Toop said
With the Government planning to cap council rates, Greenpeace is warning that most councils will be financially unable to introduce new protections – effectively blocking locally specific regulations to prevent environmental degradation, such as the nitrate contamination crisis.
The new bills also propose raising the threshold for what is considered environmental harm, restricting public notification of consents, and requiring submitters to reside in the relevant area, a move that would effectively shut national environmental NGOs out of the process.
“Land, water and wildlife are already under significant stress. We’ve got a nitrate contamination crisis in Canterbury, slash and erosion in Tairāwhiti, and native wildlife on the brink of extinction,” says Toop.
“New Zealand urgently needs stronger environmental protections but what the government announced today is a blueprint for more pollution and more environmental damage.
“These reforms prioritise corporate property rights above the health of nature, lower the bar so companies can cause more harm and squeeze environmental groups out of the process.”
Greenpeace is calling on the Government to completely remove all regulatory takings provisions from the RM replacement bills. Over the coming weeks, Greenpeace will be analysing both Bills and producing a full submission to the select committee.
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Climate – Warmest spring and November on record – Earth Sciences

Source: Earth Sciences New Zealand


Seasonal Climate Summaries for spring and November Highlights:
–  The nationwide average temperature for spring was 13.5°C. This was 1.3°C above the 1991-2020 spring average
– The nationwide average temperature for November was 15.9°C. This is 2.2°C above the 1991-2020 November average
– A Sudden Stratospheric Warming in September led to extremely active weather patterns in spring
– La Niña was officially declared in October.
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Legislation – Fewer Consents, Faster Approvals: Property Council Supports Major Planning Reforms

Source: Property Council New Zealand

Property Council New Zealand has welcomed the Government’s announcement of an accelerated resource management reform programme, describing the direction of travel as “very positive” for development, investment, and economic productivity.

Chief Executive Leonie Freeman says the introduction of two new Bills before the end of 2025 represents a once-in-a-generation opportunity to simplify the planning system and support New Zealand’s growth.

 

“Going from more than 100 plans down to just 17 is hugely significant,” says Freeman. “A clearer, more consistent planning framework means many land uses will no longer require consents, saving time, reducing cost, and giving the development and investment community much-needed certainty.”

 

Freeman says the Property Council particularly welcomes:

  • A much higher threshold for what is considered ‘regulated’, including reduced consideration of visual amenity, private views and subjective character assessments.
  • National standards on zones and common activities, which will improve consistency and reduce red tape across the country.
  • A new Planning Tribunal to resolve simple disputes quickly and cost-effectively.
  • Greater emphasis on property rights, which she says “will help reduce unnecessary litigation and delays in development approvals.”

 

“These changes reflect a strong commitment to creating a planning system that is consistent, predictable and focused on enabling development,” Freeman says. “The new system has the potential to unlock significant development capacity and drive better outcomes for both the industry and our communities.”

 

However, Freeman says ongoing checks will be required to ensure the system delivers as intended.

 

“We do have some reservations about the stability of national policy direction over time. Future Ministerial changes could have major impacts on planning approvals, so durability and cross-party alignment will be important.”

 

“Ultimately, it will be the detail and how it is implemented that matters. We look forward to working constructively with the Government as the Bills progress and ensuring the system is workable, balanced, and fit for purpose.”

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First Responders – Tongariro fire update #6

Source: Fire and Emergency New Zealand

Fire crews have made good progress in containing the fire in the Tongariro National Park.
Thirty firefighters on the ground have been blacking out a 15m containment line along the southern flank of the fire today, while two helicopters are working from the air. The fire is now 80 percent contained.
Following a reconnaissance flight, the size of the fire has been updated to 296 hectares with an 8.4km perimeter.
Incident Controller Renee Potae says it has been a big effort today to get on top of the fire.
“The mahi everyone has put in has been immense.
“We still have work to do this afternoon as we aim to get the fire fully contained, but I want to praise everyone for the effort they have put in today, including the two Department of Conservation crews we’ve had working alongside us.”
Renee Potae says while fire activity has been minimal today, crews would remain vigilant.
“We’ve got a drone team coming in who will fly the fireground tonight to help identify any deep-seated hotspots, while we will have one crew monitoring the fireground overnight.”
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Union campaign secures ACC backdown on working from home cut – PSA

Source: PSA

ACC has scrapped controversial proposals to force staff into the office three days a week, up from two, following legal action, a complaint to the Commerce Commission by the PSA and strong feedback from workers.
“This is a clear victory for workers at ACC and for common sense, working from home is a win-win for workers and employers,” said Fleur Fitzsimons, National Secretary for the Public Service Association Te Pūkenga Here Tikanga Mahi.
“Our union delegates were instrumental in making sure ACC understood the depth of feeling. This win belongs to them and all the ACC staff who spoke up.
“ACC tried to impose this change without consultation, breaking promises made to many staff who were recruited on the basis of working from home three days a week.
“When ACC finally agreed to pause the change and consult staff on the same proposal, 80% of staff opposed the change citing impacts on well-being and work-life balance. We are pleased that ACC listened – that's what should happen when workers make their voices heard.
The PSA had challenged the original decision at the Employment Relations Authority and had sought a Commerce Commission investigation into whether the policy breached the Fair Trading Act, given job advertisements had promised three days working from home. Those actions will now be withdrawn following ACC’s change of heart.
“All this could have been avoided if ACC had just listened to what the recent culture review showed about staff morale and consulted from the get-go.
“We hope this decision today marks the beginning of a more constructive relationship between ACC and its workforce, where staff are respected and consulted before major changes are imposed.
“This victory sends a strong message to all workers in New Zealand. When workers through their union organise and stand firm, we win. This is crystal clear proof of that.”
The PSA will now work with ACC to settle its collective agreement which is currently in facilitation at the Employment Relations Authority.
Previous PSA statements:
The Public Service Association Te Pūkenga Here Tikanga Mahi is Aotearoa New Zealand's largest trade union, representing and supporting more than 95,000 workers across central government, state-owned enterprises, local councils, health boards and community groups.
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Legislation – "Transformational reform" to resource management arrives – BusinessNZ

Source: BusinessNZ

The Government’s introduction of two Bills to replace the current Resource Management Act (RMA) is transformational and should result in fewer consents required to unlock development while protecting what matters, BusinessNZ says.
Chief Executive Katherine Rich says the next step will be securing broad support for the changes, which will streamline the approach to resource management.
“As it stands, the current consenting processes are slow and costly. Regional or nationally significant projects can be rejected or have costly conditions placed on them due to the RMA. New Zealand cannot afford to keep saying no to new infrastructure developments when our future depends on providing timely infrastructure, including but not limited to housing, energy and transport systems.
“Together, the Planning Bill and the Natural Environment Bill standardise rules targeted towards reducing the amount of compliance and provides better recognition of the burden landowners face when some planning controls limit the use of their land.”
Rich says both Bills are substantial pieces of legislation and will take time to get through in detail, but the direction of travel was positive.
“BusinessNZ will study both Bills carefully and make submissions to the Environment Committee in due course, outlining areas for further consideration.
“We must achieve broad buy-in from political parties so that businesses can feel more confident in developing property in ways that maximise the contribution our vast natural resource base can contribute to New Zealand's future economic well-being.”
The BusinessNZ Network including BusinessNZ, EMA, Business Central and Business South, represents and provides services to thousands of businesses, small and large, throughout New Zealand.
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Legislation – RMA reform a positive step forward for New Zealand – EMA

Source: EMA

The two new Acts that make up today’s Resource Management Act (RMA) reform announcement will provide impetus to economic, business and infrastructure development while also providing environmental guardrails that were lacking in the previous Act, says the EMA.
“The EMA has been at the core of a group of associations pushing for and working on RMA reform for the past eight years and we are pleased to finally see meaningful steps aimed at simplifying the passage of consents and giving more certainty to those entering the consents process,” says EMA Head of Advocacy Alan McDonald.
“One of those early partners, the Environmental Defence Society (EDS), proved that the old Act was failing to protect our environment and we believe the establishment of national environmental limits and a national agency to monitor and enforce those limits will provide the protections lacking in the previous legislation.
“Not everyone will agree with that, but let’s give the new legislation some time to bed in and work before throwing our hands up in the air and wailing about perceived potential failings.”
On the flip side, McDonald says, the Planning Bill and the Natural Environment Bill combine in a new system to make getting things done much easier.
“The old system was cumbersome, costly, uncertain and inefficient and that was what drove the EMA, Property Council NZ, Infrastructure NZ and BusinessNZ to form an alliance and push for reform.
“The EDS was also an early and valued partner in that process and while our views on the new legislation have diverged the goals that brought us together in the first place remain.
“The new Planning Bill will set out very clearly what you can and can’t do within well-defined areas of your city and/or region. It will do that upfront and set guidance for 30 years so you know which areas are significant environmentally and for Māori, where you can build heavy, light or mixed-use industry and where your housing goes.
“That also includes where all the various networks and infrastructure needed to support business and people will be located. That’s schools, parks, hospitals, all transport networks, water, electricity, communications networks and so on.
“Then, knowing all that, you have well-defined national environmental standards that you have to meet – not multiple local variations.
“That’s a level of certainty that just does not currently exist and puts a lot of weight on the 17 or so regional plans and a huge emphasis on the national environmental limits.”
McDonald says the possibility that more than 40% of consents would no longer be required under the new system is also one hugely welcomed by the business and development communities.
“Knowing that you may not even require a consent, or that you are more certain about getting one if you know you meet the planning and environmental requirements, is a significant relief and will reduce development costs in both the business and housing sectors.
“Limiting consultation to those directly affected by new projects and developments is also a positive step. Some groups seemed to think consultation was a default power of veto instead of a way of improving outcomes, and they would go to great and expensive lengths to stop projects they didn’t like.
“Those directly affected should be the ones that rightly have a say on an issue and those running the project should respond in proportion to those direct impacts and concerns. The establishment of a Planning Tribunal also de-escalates costs and time lost for those on both sides of an issue if it is unable to be resolved at a consultation level.”
McDonald says the EMA began its call for reform of the RMA after identifying the need for a faster, more efficient, less costly system that provided certainty for those using it.
“We think these bills deliver those outcomes. There will certainly be some changes through the submission and select committee process, and that needs to be given an appropriate timeframe. But, when we have a new system, let’s also give it an appropriate amount of time and stability to make it work well.”
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Legislation – New environment law cuts red tape for farmers – Federated Farmers

Source: Federated Farmers

Today’s release of the Natural Environment Bill and Planning Bill to replace the Resource Management Act is a red letter day for the agricultural sector, Federated Farmers says.
“The RMA is the single biggest handbrake on growing agricultural productivity and rural economies. It's great to see its end come one step closer,” Federated Farmers resource management spokesperson Mark Hooper says.
“When farmers complain about expensive resource consents, unachievable freshwater targets, Te Mana o te Wai, and outstanding natural landscape overlays, these are all things that sit under the RMA legislation.
“Investment, farmer confidence and productivity have been strangled in red and green tape for far too long.”
The Government today released two new bills that, once passed into law, will replace the RMA.
“There is lots of good news in this package of law,” Hooper says.
“First of all, under the new law most farmers won’t need a resource consent. Simply by having a certified Farm Plan they will be viewed as compliant with environmental regulations.
“This makes sense. Farm Plans can achieve much of the same environmental outcomes as a resource consent, without the need to fork out tens of thousands of dollars on expensive planners and lawyers.”
The Government has estimated their new laws will nearly halve the current number of consents on the nation’s farms.
“Secondly, where a farmer does need a resource consent, there will be a much, much higher bar for these to be notified, which means they’re opened up for submissions from others.
“When a consent is notified, farmers have to pay for the expensive hearing. This notification cost is what drives consent costs from the tens of thousands of dollars into the hundreds of thousands.”
In addition, there should be far fewer instances of when consultation with iwi on individual resource consents is needed.
Cultural impacts will be assessed when environmental limits are set, meaning the need to assess cultural impacts on every resource consent – sometimes from multiple iwi and hapū – should bea thing of the past.
“The days of farmers effectively having large chunks of their farm confiscated in the form of an SNA – Significant Natural Area, ONL – Outstanding Natural Landscape, or SASM – Sites and Areas of Significance to Māori, are also likely to be severely curtailed.”
Where a council effectively confiscates a large part of a farm, there is a requirement to compensate the landowner. This will mean this practice is much rarer, and when it does happen, farmers are fairly compensated, Hooper says.
“Federated Farmers will take time to read through the 700 odd pages of legislation and there will be a few areas where we think further work is needed.
“This is partly what Select Committee is for – to iron out inconsistencies and problem clauses.
“We think the increase in fines and the restrictions on the use of insurance to cover for a breach of resource management rules haven't struck the right balance in the draft legislation.
“This needs to have more nuance so that when harm is done accidentally, for example an effluent system fails due to poor engineering, this is recognised in the regime.
“Restrictions on fines and insurance should only apply where farmers are wilfully negligent [ill get the wording here from beef and lamb]”
Federated Farmers is also worried about proposals to allow trading of natural resources, such as nutrient loss or even freshwater.
“It’s near impossible to measure the nitrogen coming off a farm and the Overseer model in particular has been thoroughly criticised for its use in regulation.
“When you can't even accurately measure nitrogen it’s very hard to trade it.
The difficulties involved in creating a property right for freshwater are well-known, Hooper says.
“Freshwater falls from the sky and isn't able to be owned or sold.
“On balance, we think these two bills are a major step forward for New Zealand and will dramatically improve the productivity of farming in New Zealand.
“We will work with the Government over the coming months to address any concerns we have in the laws and look forward to the day the RMA is consigned to the dust bin.”
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Federated Farmers: Government ends consenting crisis

Source: Federated Farmers

Federated Farmers is welcoming news that the Government will be taking urgent steps to end the spiraling consenting crisis that has been hammering farmers and rural communities.
“This is a really practical and pragmatic step from the Government that will be a relief for thousands of farming families,” says Federated Farmers vice president Colin Hurst.
“Consenting issues have been a hot topic in rural New Zealand with a lot of people wondering how the transition to new resource management laws will work in practice.
“Farmers have been faced with huge costs and uncertainty with consenting processes taking months – in some cases years. Quite rightly, they’ve been asking questions.
“Today all those questions have been answered with confirmation that all existing resource consents will be rolled over until the new resource management system is up and running.”
The Government has announced it will immediately roll over all resource consents for two years, with legislation expected to pass under urgency as early as this week.
A second bill will then ‘freeze’ all resource consents until new regional plans are in place, at which point farmers will have 24 months to apply for any consents they still require. Farmers will still have the same environmental conditions placed on them that their current resource consent requires.
“Many farmers and growers will also have Farm Environment Plans, so the checks and balances will remain in place while the new system is stood up,” Hurst says.
A new transitional consenting regime will also be established from mid-2026 so new applicants can benefit from the incoming system, which is expected to be much simpler and lower cost.
“This is a huge win for common sense – but also for Federated Farmers grassroots advocacy on behalf of our members. We’re proud to have led the charge on this issue,” Hurst says.
“In early October we hosted a public meeting near Ashburton where hundreds of farmers completely filled a community hall to voice their frustration on this issue to Government.
“That meeting was the catalyst for Federated Farmers launching a campaign to end the consenting crisis, including an online petition signed by thousands of farmers.
“There is no doubt the coalition Government have heard the message loud, and it’s fantastic that they’ve moved so quickly and decisively to address farmers concerns.”
Hurst says in practice, most farmers won’t need to renew their resource consents for five or six years while the new system is stood up.
New consent applications can still be made during the transition period and will follow a transitional RMA process, which includes limits on the test for public notification and the scope of effects that can be considered.
“These changes will give farmers confidence to continue investing in their businesses and rural communities, instead of forcing them to tick boxes in a system that’s about to be scrapped,” Hurst says
“No one wins when farmers are forced to waste money on expensive and outdated consenting processes in a system that’s clearly not working for anyone.
“Today’s announcement gives farmers certainty, reduces cost pressures, and keeps the focus where it should be – on good environmental outcomes, not paperwork.”
You can view Federated Farmers’ campaign by visiting www.consentingcrisis.nz