Newsletter - October 2025
October is the month for spooky stories and Halloween frights - however at Turner Hopkins, we prefer to keep the scary stuff away from your legal issues. This month, we’re shining a light on a few areas of law that can sometimes give clients the chills and hopefully offering a little bit of a light at the end of the tunnel.
With interest rates continuing their downward trajectory, our Property Law team breaks down recent market trends and offers practical tips for buyers and sellers navigating the ever-changing property landscape. Our employment law team look at how to handle workplace issues before they become real-life horror stories, particularly with recent updates to the Employment Relations Amendment Act, and we are also taking a look at the new Business Investor Visa - a new visa pathway for those looking to bring their skills, capital, and ideas to New Zealand.
So grab a coffee (or some of the spare trick or treat lollies), settle in, and let us help make the law a little less scary this Halloween season - and remember if you need advice tailored to your specific circumstances, our team is only a phone call or email away.
Property Outlook
After several years of ups and downs, the New Zealand property market is expected to settle into a period of steady, moderate growth through 2026. Analysts from major banks and property experts are suggesting that national house prices could rise by around 4-6%, with premium urban areas and regions with limited supply, likely to outperform other parts of the country.
The market appears to be slowly moving out of its correction phase into a more sustainable pattern. Careful buyers and strategic investors who focus on long-term fundamentals rather than short-term speculation are expected to benefit most in the coming 12 months. Having good legal advice behind any potential property purchase or sale is going to be crucial.
What’s Driving the Market?
Several factors are shaping this more measured growth outlook:
Easing interest rates: Cuts by the Reserve Bank are expected to boost borrowing capacity and buyer confidence, albeit with a sense of measured caution.
Migration trends: Ongoing population trends and continuing migration, especially in Auckland and other key centres, continues to underpin housing demand.
Tight supply: Fewer new builds and delays in developments are likely to keep pressure on available housing stock.
Despite the positives, affordability and high household debt due to a lingering cost of living burden, will limit rapid price increases, meaning growth is likely to be modest rather than dramatic or sudden.
Regional Differences
While Auckland and Wellington may experience slower but stable gains, smaller growth centres such as Tauranga, Hamilton, and Queenstown could see slightly stronger performance.
Outer suburbs and areas with higher supply may continue to see patchy results through the 2026 year.
What This Means for Buyers, Sellers, and Investors
Buyers may find opportunities before stronger demand returns.
Sellers should focus on realistic pricing and property presentation to attract serious buyers.
Investors are likely to see more value in long-term positioning and rental yields than in short-term capital gains.
Our View
The property team at Turner Hopkins, anticipate ongoing activity in refinancing, subdivision, and portfolio restructuring as owners adapt to a more stabilised and hopefully balanced market.
We are encouraging our clients to take a long-term perspective when navigating the property market. This means not only considering immediate opportunities but also assessing how current decisions fit into their broader financial and investment goals. Reviewing finance structures is a key part of this approach-making sure mortgages, loan terms, and repayment plans are optimised for both current conditions and potential future changes in interest rates.
Equally important is ensuring that contracts and agreements are carefully structured and fully aligned with the realities of today’s market. This includes checking that terms around sales, purchases, or property development are robust, flexible where needed, and protective of our clients’ interests. By taking these steps now, property owners and investors can position themselves to navigate a stabilising market confidently and avoid pitfalls that may arise from short-term fluctuations.
For more guidance on buying, selling, or restructuring property portfolios in New Zealand, Turner Hopkins’ property team is available for advice.
Business Investor Visa
Recently, the Government released the rules for the new Business Investor Visa (BIV), having made the initial announcement in August and at the same time closing the Entrepreneur Work Visa (EWV), replacing the old with the new, well sort of. The BIV will replace the EWV for now, but its quite a different animal. The EWV had a minimum investment amount of $100K, driven by a points system, aimed and weighting experience, business idea, proposed benefit and investment.
The BIV is far simpler by all accounts, but it focuses on investing in existing businesses, or buying them outright, rather than setting one up from scratch. It is really an investment visa, for entrepreneurs, as opposed to the more start-up focused EWV. It is a welcome change to the EWV and we are all glad that policy has been retired, but it really only fills a portion of the business visa space. The final piece of the puzzle is yet to come, in the form of a “start-up” visa, which is likely to be released in the new year.
The BIV, offers two separate pathway to residence, which are actually quite similar to how the EWV operated. Invest in or buy a business for $2 million and operate it for 12 months, then apply for residence. Alternatively if you invest in or buy a business for $1 million you have a three year pathway to residence. Unlike the Active Investor Visa, the BIV requires you to be involved in the business here with the likely requirement to spend a specific amount of time working in the business. If you are not buying the business outright, you need to be acquiring at least a 25% share, using the above investment minimums. Businesses must employ at least five full-time staff. The BIV also introduces an age-cap (55 years inclusive) which is new, but keeps the English language requirements.
Given this new visa, will be complimented by a third business visa (being worked on now), which will focus on start-ups, what the Government has done here is very clever. They have essentially separated what we always had as two visas, trying to capture various business markets and created three, that give much better coverage.
Active Investor for those who can bring significant investment in to NZ but may not want to be physically present here. The Business Investor for those who aren’t quite at the AIV level, but have an investment to make and want to be actively involved in that business, and then the third option, which will arrive to cater for the start-ups, looking to do that new, clever thing.
We applaud this Government for bringing options and also give them a hearty pat on the back for moving pretty quickly and also seizing the opportunity, given significant global uncertainty, however there are aspects of all of this that appear to have been a bit rushed. Like a new product trying to get to market really quickly, it is easy to miss things along the way. I will expand on that near the end of this piece.
The BIV policy is an ensemble of old visa policies or existing criteria patch-work quilted in to the new BIV. One thing that will also catch some people out, is the fact that even under the 12-month, “fast-track” pathway, applicants will secure residence earlier, but that residence will be conditional for two more years, while you continue to run the business.
It is a good policy, and one that will work for a very specific group of people or business owners looking to exit the market. For advice on how to apply or perhaps if you are selling your business and looking for potential investors, then get in touch touch with our immigration and commercial teams today by calling 09 486 9574 or emailing us directly: immigration@turnerhopkins.co.nz
Legal Questions - Employment Law
Each year, September is recognised as Wills Month in New Zealand – a nationwide initiative that highlights the importance of making and maintaining an up-to-date will. At Turner Hopkins, we see Wills Month as a timely reminder for everyone to pause and consider whether their estate planning documents are still current and truly reflect their wishes.
The Employment Relations (Employee Remuneration Disclosure) Amendment Act 2025 passed into law on 27 August 2025, introducing new legal protections for employees discussing pay. It is now unlawful for employers to take adverse action such as dismissal, demotion, or disadvantage against employees who discuss their remuneration with others, ask their colleagues about their remuneration or participate in those discussions.
Under the Amendment Act, remuneration may include:
Salary or wages (including payment for overtime and penal rates)
Allowances
Productivity-based, bonus, or incentive payments (including commission)
Any employer contribution to a superannuation scheme for the benefit of the employee, or
Any other type of payment for work.
This change adds new grounds for employees raising a personal grievance to the Employment Relations Act, allowing employees to challenge adverse conduct that occurs for a remuneration disclosure reason. Employers should note that any pay secrecy clause agreed upon prior to the amendments taking effect is no longer enforceable, meaning employers cannot depend on such clauses. Furthermore, a general confidentiality clause cannot be used to stop employees from discussing their pay.
With these significant legislative changes, now is a crucial time for employers to review and update employment agreements for new hires. These comments are general in nature, and are not intended to constitute legal advice.
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Normally an employee will have an individual employment agreement. Collective employment agreements tend to be the domain of union-based workers.
Individual employment agreements need to be in writing and signed by you and your employee. It should include:
employer and the employee names
job description
hours and location of job
the wages or salary that you will pay to the employee, as well as incentives such as bonuses
redundancy clause
jargon-free explanation of the services available for employment relationship problems
any trial period
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It is sometimes tempting to use an agreement you have had for many years, a generic 'template' agreement, or one taken from a mate of a mate. It is vital the agreement correctly records the specific terms of the employment relationship, as mistakes can be costly. A bespoke employment agreement will contain clauses to give you more power and confidence.
It is best to get these drafted by a professional to tailor to the needs of your workplace and taking into account any special policies in place (such as staff discounts, use of company vehicles, or bonus provisions), or requirements specific to your workplace, such as health and safety policies and restraints of trade.
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Caution must also be exercised with fixed term and casual agreements as both have specific contractual requirements. If these requirements are not fulfilled then the employer faces the possibility of having its powers under those agreements eroded.
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Provided that an offer of employment has been made, and accepted, your employee is "a person intending to work" whether or not they have signed an employment agreement.
Be aware that an employee who does not have an agreement prior to beginning work may then bargain on each and every point in the agreement, when it is presented after commencement of employment. The employer and employee may then negotiate over the terms until they come to agreement.
From 1 July 2011, it was mandatory a signed employment agreement is held on file by you for every employee. This will include casual, part-time, fixed term and permanent employees.
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There are many reasons you may need a lawyer in employment matters. It is an unfortunate reality that things don't always work out in the workplace.
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In recessionary times it is unfortunate that sometimes work may dry up and you end up overstaffed. Or, you may decide to take your business in new directions and plan to reduce your workforce. Either way, you will probably be looking to make various positions redundant.
If you are in this position, you need to consider a few aspects:
Your staff's position must genuinely be surplus to requirements
There needs to be a genuine business reason to end a position. So you can't get rid of a position and then re-advertise the role when it is virtually identical to the previous position.
The position redundancy can not be related in any way to performance of your staff.
If you have any employment-related questions or concerns, our experienced employment law team is here to help. Whether you’re an employer wanting to stay compliant with the latest legal changes or an employee seeking advice about your rights and obligations, we can provide practical, tailored guidance to suit your situation.
We can also assist in reviewing and updating your employment agreements to ensure they meet current legislation and reflect best practice.
Clear, compliant contracts help prevent disputes and protect both parties, making them an essential part of any workplace.
To discuss you employment law related issues, contact us on 09 486 2169, email Catherine Pendleton (our employment law expert) or email law@turnerhopkins.co.nz. We’ll make sure you get the right advice and support to navigate your employment matters confidently.
Team Updates
This month, we congratulated, Eva Imrie who became our newest solicitor to join the team. Eva began her career at Turner Hopkins as a litigation assistant, where she gained invaluable experience in case preparation, client communication, and the procedural aspects of civil and family law matters.
Following her admission as a Barrister and Solicitor of the High Court of New Zealand in September 2025, she transitioned into her current role as a solicitor. Working across both the Litigation and Family Law teams allows her to apply a broad legal perspective while maintaining a client-centred approach.
Eva completed her legal studies at the University of Otago, balancing the rigours of academia with her passion for surfing and outdoor pursuits. Eva brings the same energy, discipline, and attention to detail to her legal practice, taking the time to fully understand each client’s individual needs, goals, and challenges.
Eva is committed to continuously developing her legal expertise while fostering strong, trusted relationships with clients, helping them navigate complex legal issues with confidence and clarity.
Turner Hopkins is a collaborating firm within Andersen Global, a global network of accounts, lawyers and advisers. Founded in 2013, Andersen Global is an international association of legally separate, independent member firms comprised of tax and legal professionals worldwide.
Three of our team, will be heading to the Andersen Global partners conference being held in Las Vegas in early November - a chance to meet legal and finance professional from around the world, extending our reach in the global market. Our association with Andersen Global gives us an extensive network of advice and services for clients offshore, but also New Zealand based clients with overseas interests.
To find out more about our association with the Andersen Global network, get in touch with the team today.
57 Days Until Christmas - Now That’s Scary
As October draws to a close and we pack away the Halloween decorations, it’s remarkable to reflect on how quickly the year has passed, particularly as there are only 57 days remaining until Christmas (and when we bring out another set of decorations). The final months of the year are always a busy time, as many of our clients look to complete transactions, finalise plans, and prepare for the year ahead. To make sure you keep the stress at pay, it is always a good idea to try and plan ahead before the end of the year sneaks up on you.
At Turner Hopkins, our team remains focused on providing practical, timely advice and assistance across all areas of law to help you achieve your goals before we bid farewell to 2025. Whether you’re managing property matters heading in to the new year, business arrangements, or personal legal issues, we’re here to ensure things progress smoothly and efficiently.
Thank you for your continued trust and support. We look forward to sharing more firm news and insights as we move into the final months of 2025.
Until next month…
