Newsletter - March 2026

As summer begins to fade and the first hints of autumn settle in, it is a timely reminder that change is a constant, whether in the seasons, our personal and business lives and of course in the legal landscape.

At Turner Hopkins, the change in season is also a good opportunity to pause, take stock, and share some updates on the issues that may affect you, your family, and your business in the months ahead.

In this month’s newsletter, our team looks at a range of topics across several key areas of law. Our employment team discusses current workplace issues and what employers and employees should be aware of. We also revisit the upcoming changes under the new Incorporated Societies Act, with a reminder that the deadline for existing societies to transition to the new regime is fast approaching.

Our property team provides insight into developments in the property space, while our immigration specialists explore recent updates and opportunities within New Zealand’s immigration settings. And of course, we answer some of the common questions we receive through our regular Legal FAQs section.

As always, we hope you find the information useful and relevant. If any of the topics raise questions for you, our team is always here to help.

Legal Updates & News

Incorporated Societies

If you are an incorporated society you have until 5 April 2026 to re-register under the Incorporated Societies Act 2022 with a Constitution that must be compliant with this Act and associated regulations.

If you do not register by that date, you will automatically cease to be an incorporated society. Our team can assist your society through the process and discuss with you:

• Is the incorporated society structure still suitable for your organisation?

• What are the key legal changes under the Act, including minimum number of members and Officers, Officers’ duties, financial reporting, conflict of interest disclosure obligations, mandatory disclosures at an AGM, dispute resolution, procedures consistent with natural justice, surplus assets to be distributed to non-for-profit entity(ies).

• Officer consent and certificates.

• What are the minimal mandatory legal requirements you must include in your Constitution?

• Other updates and amendments to your Constitution that might be more suitable now and for the future.

• Undertaking a review and update of associated policies, bylaws, regulations.

• The consultation process with members.

• Timeframe for consultation on proposed changes to the Constitution, and voting, to meet the 5 April 2026 deadline.

Turner Hopkins can offer a reduced rate for services to not-for-profit entities and the sport and recreation sectors. Contact our team today, via email or on +64 9 486 2169.

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Employment Law Updates

Recent changes to the Employment Relations Act 2000 introduce a high-income threshold that limits the ability of employees to bring a personal grievance relating to their dismissal.

What is the high-income threshold?

This is currently set at earnings of $200,000 gross (total annual remuneration), this may be adjusted annually.

How is annual remuneration calculated?

There is a technical formula in the legislation to calculate the total annual remuneration.  We strongly recommend you seek legal advice for guidance on whether or not the threshold is met, given the significant impact on the employee’s employment rights.

When does the income threshold apply?

The law came into force on 21 February 2026 and applies to any new employment agreements from that date.

For existing employment agreements, there is a 12-month transition period before the new limitation takes effect.  During the transition period the employer and employee can formally amend their employment agreement to take account of this change in the law.

What options are there for negotiating the terms of an employment agreement?

For employers or employees looking to negotiate terms of a new employment agreement, or an existing employment agreement during the 12-month transition period, options include:

• For the written agreement to Opt In to the protections under the Employment Relations Act even though the employee earns above the high-income threshold.  This would become a contractual right to enable the employee to raise a personal grievance in the event of a dismissal.

•  For the written agreement to provide for agreed termination provisions in a mutually agreed Severance package, which might consider notice period, post-termination restraints, garden leave, defined ‘serious misconduct’ vs no fault termination.

• Other agreed dispute resolution mechanisms.

The employer and employee remain bound by their obligation of good faith which includes remaining communicative, active and responsive, during any negotiations.

Clear drafting reduces ambiguity and may help to protect both parties.

Does the change remove all personal grievance rights?

No. It relates specifically to the employee’s dismissal, precluding the employee from being able to raise a personal grievance for unjustified dismissal or unjustified disadvantage if it relates to their dismissal. Other personal grievance claims remain available for the employee including for discrimination or harassment.

How we can help

Businesses should review all existing and new employment agreements as soon as possible in light of the above the changes to the law. We can assist you and guide your business through the process.

For employees whose income may be close to or reaches the threshold, we can advise you on your options and the implications for you. Contact our employment law specialist, Catherine Pendleton for details.

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Immigration

There has been further movement around the upcoming changes to New Zealand’s Skilled Migrant Category (SMC), which are expected to come into effect in August 2026.

The key theme behind these changes is to broaden the range of people who may qualify for residence. In particular, the updated system will introduce additional pathways designed to recognise prior work experience and trade or technical skills, rather than focusing primarily on academic qualifications.

This is expected to open the door for a much wider pool of potential migrants who may previously have struggled to qualify under the more limited rules.

Another significant adjustment is the reduction in the amount of New Zealand work experience required for many applicants. Under the new settings, the maximum work experience requirement will drop from three years to two years, meaning some migrants already working in New Zealand could reach residence sooner than expected.

However possibly the biggest news is the introduction of new red and amber lists, for very specific occupations, that add further requirements for people in these occupations, raising the bar to qualifying for residence. The signal here is pretty clear - there are specific roles that INZ is trying to manage out of the residence process.

While these changes create new opportunities, one key element remains unchanged: securing a skilled job offer in New Zealand continues to be central to the process. For many applicants, finding the right employment remains the critical step in turning a potential pathway to residence into a successful application.

If you would like to understand how these changes may affect your situation, or explore potential residence pathways, the Turner Hopkins Immigration Specialists team is always available to help.

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Property

The New Zealand property market continues to adjust as we move through 2026, with both residential and commercial sectors showing signs of stabilising after several years of significant change.

In the residential market, the rapid price growth seen during the pandemic years has largely settled. Instead, the market is now characterised by more moderate activity and a better balance between buyers and sellers. In many areas there is increased housing supply, giving buyers more choice and reducing the urgency that previously drove competitive bidding.

While prices remain relatively steady in many regions, most analysts expect gradual and sustainable growth rather than the sharp increases seen in earlier cycles. For buyers, this can provide a valuable opportunity to take a more considered approach to property decisions. For sellers, it means presentation, pricing, and timing are becoming increasingly important factors in achieving a successful sale.

For property investors, the market also presents a different landscape. Interest rates, lending requirements, and changes to tax settings over recent years have reshaped the investment environment. However, New Zealand property continues to be viewed as a long-term asset class, and many investors are taking advantage of the more stable conditions to reassess opportunities.

The commercial property sector is also showing signs of renewed activity. After a period of caution driven largely by interest rate pressures and broader economic uncertainty, investment interest is gradually returning.

Industrial and logistics properties remain particularly strong performers, supported by the continued growth of e-commerce and distribution networks. Retail and office spaces are also evolving, with businesses placing greater emphasis on flexible working environments, modern facilities, and strategic locations.

For both investors and business owners, commercial leasing arrangements have become more sophisticated, with careful attention being paid to lease terms, renewal rights, rent review mechanisms, and long-term occupancy planning.

The Turner Hopkins property team advises clients across all areas of property law, including residential conveyancing, commercial property transactions, leasing arrangements, developments, and property investment structures.

Whether you are buying your first home, negotiating a commercial lease, or exploring a new investment opportunity, our team is here to guide you through the process.

If you are considering a property transaction or would like to discuss your options, feel free to get in touch with the Turner Hopkins team for practical advice and support.

Turner Hopkins - Customer Survey

At Turner Hopkins, we are always looking for ways to improve the service we provide to our clients.

Our 2026 Client Service Survey is now open, and we would really appreciate you taking a minute or two to share your feedback. The survey is short, simple, and your responses will help us better understand what we are doing well and where we can continue to improve. Your input is extremely valuable to us, and every response helps us ensure we continue delivering the high standard of service our clients expect.

Please take a moment to complete the survey using the link below.

Legal FAQ’s

Every day we are asked a wide range of questions by clients about common legal issues. Some are complex, while others are surprisingly simple once you know where to look. In this section, we have pulled together a few of the common questions our team receives across areas such as property, employment, immigration, and general legal matters. While the answers below provide a helpful starting point, every situation is different, so it is always worth getting specific advice where needed.

• Q. Do I need a lawyer before I sign an agreement to buy property?

  Yes. In New Zealand, sale and purchase agreements are legally binding once signed. Having a lawyer review the agreement before signing can help ensure the conditions, timelines, and any risks are clearly understood.

• Q. Can an employment agreement include different pay rates for different roles?

  Yes, this is possible, provided the roles and pay rates are clearly defined in the employment agreement. The arrangement must still comply with minimum wage laws and be transparent so that both the employer and employee understand when each rate applies.

• Q. When do existing incorporated societies need to transition to the new legislation?

  Existing societies must re-register under the Incorporated Societies Act 2022 by April 2026. Societies that do not complete the transition by that deadline risk being removed from the register.

• Q. Do I need a lawyer when negotiating a commercial lease?

  It is strongly recommended. Commercial leases can contain complex provisions around rent reviews, maintenance obligations, renewal rights, and outgoings. Legal advice can help ensure you fully understand the long-term obligations before committing.

• Q. Is a job offer required for New Zealand residence under the Skilled Migrant Category?

  In most cases, yes. A skilled job offer from a New Zealand employer remains a key requirement for residence under the Skilled Migrant Category, even with the upcoming changes expected later in 2026.

• Q. What should I do if I have a legal question but I’m not sure who to ask?

  The best approach is often to speak with a lawyer early. Many legal issues can be addressed quickly with the right advice, and early guidance can prevent small problems from becoming much larger ones.

To discuss your legal issues and questions, contact us on 09 486 2169, or email law@turnerhopkins.co.nz. Our team have the experience, skills and expertise to help you navigate the most complex of situations.

Meet The Team

Michael Robinson - Partner

Paul Janssen - Immigration

Joy Yuan - Principal

Kate Chivers - Partner

If you would like to meet other members of our team or find someone who can assist with your specific legal issue, then visit our People Page for full contact details, including phone and email, along with a short bio for each team member.

As always, we hope this month’s updates provide useful insight into some of the legal issues and developments that may affect you, your family, or your business.

The legal landscape is constantly evolving, and staying informed can make all the difference when it comes to making confident decisions. Our team at Turner Hopkins is committed to keeping you up to date with practical guidance across the areas that matter most.

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If any of the topics covered in this newsletter raise questions, or if there is anything you would like to discuss further, please don’t hesitate to speak to one of our experienced and friendly team.

Thank you for taking the time to read our newsletter, and we look forward to sharing more updates with you next month.

Until then, enjoy the last days of summer!