The Only Constant is Change

Since our November 2023 newsletter, the new government rapidly progressed it's 100-day plan with some big legislative repeals and reversals.

What laws have changed recently?

In December 2023, we saw the repeal of the Natural and Built Environment Act and Spatial Planning Act, and the restoration of 90-day trial periods for all employers. Since the start of 2024, we’ve also seen the repeal of the Fair Pay Agreements Act and the Three Waters reforms.

Below is a summary of some of the key changes since our November 2023 newsletter. Please note that this isn’t necessarily a complete list of all law changes relevant to your organisation.

To get full clarity about legislative changes affecting your organisation, dial up the ‘clarity of change’ function in your ComplyWith Obligations Register.

While you’re there, turn on law change notifications for yourself and remember that in the ComplyWith Admin module you can set up tailored law change notifications for anyone in your organisation who will benefit from being kept up to date about law changes relevant to their role. Watch this video for guidance.

Key changes for all sectors

On 6 January 2024, the Worker Protection (Migrant and Other Employees) Act 2023 made various changes to the Immigration Act 2009 to strengthen the protections for migrant workers.
On 31 December 2023, various changes were made to the class exemptions in the Anti-Money Laundering and Countering Financing of Terrorism (Class Exemptions) Notice 2018.
On 23 December 2023:
- 90-day trial periods were restored for employers with 20 or more employees
- The Spatial Planning Act 2023 and the Natural and Built Environment Act 2023 (NBEA) were repealed (although the fast-track consenting process in the NBEA is treated as continuing in force until the Fast-track Approvals Bill become law)
On 20 December 2023, the Fair Pay Agreements Act 2022 was repealed. No fair pay agreements have been concluded, and the ability to conclude any fair pay agreements going forward was removed.

Key changes for local government

On 17 February 2024, the Water Services Acts Repeal Act 2024 repealed the Three Waters reforms. It also introduced transition arrangements councils can follow, including a modified process for the 2024-2034 LTP (and for the 2023/24 annual report and 2024/25 annual plan if the 2024-2034 LTP is extended or deferred).
On 1 February 2024, the Standard Materials for Kerbside Collections Notice 2023 (Notice No.1) came into force requiring territorial authorities managing household kerbside collection services directly or via a contract to standardise the materials accepted in recycling, food scraps, and food organics and garden organics collections.
On 15 December 2023, the Land Transport Rule: Setting of Speed Limits Amendment 2023 made the requirement to develop or assist with preparing speed management plans discretionary rather than mandatory and removed previous deadlines for speed management plans.
On 11 December 2023, further provisions of the Local Electoral Amendment Regulations 2023 came into force and expanded the circumstances in which an electoral officer must determine if a person qualifies to vote as a special voter.

Key changes for climate reporting entities

On 1 January 2024, the Financial Markets Conduct (Climate-related Disclosures and Fees) Amendment Regulations 2023 introduced a new climate-related disclosures register where climate statements will be lodged, and copies of the statements can be searched and viewed by the public. 
On 8 December 2023, the Financial Markets Conduct (Requirement to Include Climate Statements in Annual Report) Exemption Notice 2023 exempted listed issuers and registered banks for 2 years from the requirement to include climate statements in their annual report.

Key changes for the education sector

On 14 March 2024, the Tertiary Education (Domestic Students) Notice 2024 replaced the 2022 Notice.
On 29 February 2024, the Education (Proposed Investment Plans: Content and Submission; Assessment Criteria; and Plan Summaries) Notice 2024 replaced the 2023 Notice.
On 26 February 2024, changes were made to the Education (Early Childhood Services) Regulations 2008 to strengthen the requirements and duties for responsible persons in licensed early childhood education and care centres.
On 1 January 2024, the Education (Domestic Tertiary Student and International Student Contract Dispute Resolution Scheme) Rules 2023 replaced the Education (Domestic Tertiary Student Contract Dispute Resolution Scheme) Rules 2021 and the International Student Contract Dispute Resolution Scheme Rules 2016.

Key changes for the electricity industry

On 1 March 2024:
- The Electricity Industry Participation Code Amendment (Code Review Programme) 2024 made various changes to the Electricity Industry Participation Code.
- The Electricity Industry Participation Code Amendment (Part 6A Dispensation for Specified Persons) 2024 made permanent the dispensation scheme for Part 6A.
On 14 December 2023, the Electricity Distribution Services Input Methodologies (IM Review 2023) Amendment Determination 2023 came into force and changed Parts 2-4 of the Electricity Distribution Services Input Methodologies Determination 2012.

Key changes for the gas industry

On 14 December 2023, the Gas Distribution Services Input Methodologies (IM Review 2023) Amendment Determination 2023 came into force and changed Parts 2-4 of the Gas Distribution Services Input Methodologies Determination 2012.

Key changes for the health sector

On 21 March 2024, the Medicines (Pseudoephedrine) Amendment Regulations 2024 came into force and changed pseudoephedrine-based cough and decongestant medicines from prescription medicines to restricted medicines that can be sold in pharmacies without a prescription if certain conditions are met.

Key changes for organisations with animals

On 1 February 2024, the Resource Management (Application of Part 9A—Freshwater Farm Plans) Amendment Order 2023 came into force and freshwater farm plans are now required for specified areas in the Otago and West Coast regions.

What’s coming up?

Below is a summary of some of the key changes coming up.

On 1 April 2024, the following come into force:
- Minimum Wage Order 2024
- Student Loan Scheme (Repayment Threshold for 2024–25 Tax Year and Subsequent Tax Years) Regulations 2023
- Road User Charges (Light Electric RUC Vehicles) Amendment Act 2024
- Further provisions of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023
- Some provisions of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024
- Health and Safety at Work (Adventure Activities) Amendment Regulations 2023
- Part 3 of the Schedule in the Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004
- Electricity Information Exchange Protocol 5A.
- Freshwater farm plan requirements for specified areas in the Manawatū-Whanganui region in line with the Resource Management (Application of Part 9A—Freshwater Farm Plans) Order 2023.
On 13 May 2024, the Building (Dam Safety) Regulations 2022 come into force.
On 1 June 2024, the second stage of the amendment regulations under the Anti-Money Laundering and Countering Financing of Terrorism Act comes into force.