National & ACT agreement places nearly $1b in the pockets of landlords

Source: Council of Trade Unions – CTU

New analysis has shown the cost of interest deductibility changes will put a further $1 billion in the pockets of landlords, said NZCTU Economist and Director of Policy Craig Renney.

“We have looked at the details of the National Party & ACT coalition agreement, and our investigation demonstrates that the cost of returning interest deductibility will rise from $2.1 billion to $3 billion. Once behavioural impacts are added, this figure would likely exceed $1bn across the forecast period. This is a direct effect of the changes to the policy which bring in interest deductibility earlier and faster than previously suggested”.

This is set out in table 1 below:

Table 1: Mortgage Interest Deductibility
 

Programme 2023/24 2024/25 2025/26 2026/27 2027/28
Current law 50% 25% 0% 0% 0%
 
National Party Proposal 50% 50% 75% 100% 100%
Coalition Agreement 60% 80% 100% 100% 100%

Craig Renney said, “Crucially, this change would be retrospective – meaning that landlords would be able to claim 60% interest deductibility from 1 April 2023. That means that they will be receiving a rebate on payments already made. Landlords will be cut a cheque from government, but tenants will not benefit from the rental payments they have already made. That’s hugely unfair and simply rewards landlords for nothing.

“This $1 billion additional cost will pile further pressure on a budget that already is having to cope with the $3 billion loss of the foreign buyer tax. This is money that will need to be found from further deep cuts to public services, more debt, or higher taxes – such as those on the new smokers National is hoping pick up the habit. It’s an enormous and unnecessary expense. This is money that could be used to support free prescriptions or half-price public transport, both of which are being scrapped.”

These numbers have been independently assessed by Terry Baucher, Tax Specialist at Baucher Consulting.

Baucher said “It is a highly unusual move to make retrospective tax changes like this. I can’t recall a tax measure like this being brought in after an election with retrospective effect.” 

Renney said, “Nobody voted for this change. ACT’s manifesto had Interest rate deductibility changes starting in 2024, as did the National Party Manifesto. There is no mandate for this change. These changes are likely to put further pressure on the housing market and will advantage landlords against first home buyers. There is no economic reason why you would make this change in the way they have.

“Budgets are about choices, and we are going to have a mini-budget in December 2024. The incoming government could have used this money to pay the pay parity bill for Early Childhood teachers, which would cost just a quarter of this cost-blow out. Instead, landlords are getting an early Christmas present while tenants and the users of public services get austerity and cuts.
 
“National and ACT should abandon this bad plan and instead use the $3 billion to invest in communities and public services across New Zealand. The value of National’s tax package to middle and low-income households has already been weakened with the loss of working-for-families tax credits. This change simply skews the tax advantages further to those with higher incomes.”

Analysis

To complete this analysis, we have used data from IRD, the National Party “Back Pocket Boost” document, and the ACT/National Party Coalition Agreement

CTU analysis shows that over the forecast period to 2027/28 (the same period used by National in their Back Pocket Boost document) mortgage interest deductibility was due to bring in $3.516 billion in revenue.

With the changes National had proposed, this fell to $1.094 billion – a fall of $2.42 billion. This fall is different from the $2.1 billion set out in the Back Packet Boost report because it uses updated data from IRD (produced in November 2022) which revised the estimates of income.

When the additional changes factored in from the changes set out in the coalition agreement are provided, then the income generated falls to $512 million – a fall of $3 billion. This means that the deal has added a further $600 million to the cost of the changes.

Example

John owns one rental property with a fixed mortgage rate, earning the median rental payment of $580 a week. He earns $80,000 a year in income from his other employment. This gives him a combined income of $110,160.

Over the five-year period from April 2023, the coalition agreement proposals would mean that John had $411,617 in taxable income, against $524,709 on current law. This would mean that they pay $40,385 less in tax over 5 years, before any additional impact of changing the threshold rates for income tax.

The difference between the coalition deal and the National Party proposal adds a further $35 a week in benefit for John.

John’s tenant sees no benefit from these proposals.

Hiring summer staff: Tips for employers

Source: Employment New Zealand

Understand the different between casual, fixed-term and part-time employees

‘Casual’ workers and fixed-term employees are both different to part-time workers, and sometimes people mix all these terms up.

A ‘casual’ employee isn’t defined in law but usually refers to a situation where the employee has no guaranteed hours of work, no regular pattern of work, and no ongoing expectation of employment. They only work when it suits you both. If you hire a casual worker, you must make this clear in their employment agreement.

A fixed-term (temporary) employee’s employment will end on a specified date or when a particular event occurs. A fixed-term employee might be someone who is brought in to replace another employee on parental leave, to cover a seasonal peak or to complete a project. There must be a genuine reason for the fixed term.

Whether you’re considered to be part-time or full-time depends on how many hours you have to work. Employment law doesn’t define what full-time or part-time work is, but full-time work is often considered to be around 35 to 40 hours a week.

Employment rights and responsibilities apply to all employees, but the way in which annual holidays, sick and bereavement leave are applied can vary.

Types of employee

For all types of employees, it’s important to keep accurate records of wage and time, and holidays and leave so that you can make sure leave entitlements can be correctly calculated.

Keeping accurate records

NZCTU presents Briefing for the Incoming Government

Source: Council of Trade Unions – CTU

The New Zealand Council of Trade Unions has today provided its briefing for the incoming government.

NZCTU President Richard Wagstaff said since 2017, the country has made significant progress on a range of economic and social issues.  

“Under the last Government, many measures improved. Child poverty has fallen. Unemployment reached record lows. The minimum wage increased by 44 percent. Benefits were increased and linked to wages rather than inflation. Paid parental leave was extended to 26 weeks, and sick leave was doubled. All of these changes helped to deliver a more equitable Aotearoa and helped to ensure that some of the poorest New Zealanders had a real boost in their quality of life. We hope that the progress made to date continues under this new government. 

“New Zealand needs to become the best country in the world to be a worker, by creating good work, and building a more productive, sustainable, and inclusive economy.” 

 To continue making progress the incoming government should prioritise action in areas such as: 
 

  • Work to eliminate the barriers that disadvantage kaimahi Māori  
  • Increasing the minimum wage to the living wage 
  • Continue working to improve pay equity 
  • Reform the Holidays Act 
  • Criminalising wage theft 
  • Introduce corporate manslaughter legislation 
  • Eliminate migrant labour exploitation 
  • Ratify all International Labour Organization fundamental conventions 
  • Increase the capacity of New Zealand’s labour and health and safety regulators 
  • Support vocational education and workforce development 
  • Continue to plan for just transitions 
  • Rebalancing the tax system 
  • Increase the supply of affordable housing 
  • Establish a Ministry of Green Works to close our infrastructure gap 
  • Improve competition in key sectors 

“There are also a range of areas where the CTU believes that the incoming governments agenda could do with fresh ideas. Reversing progress on honouring Te Tiriti o Waitangi; repealing the Fair Pay Agreements Act; reinstating 90-day trials for all businesses; continuing to misclassify employees as contractors; stopping further work on social income insurance; cutting public sector funding; and repealing the Reserve Bank’s employment mandate are not going to help. 

“If implemented, these policies will take New Zealand backwards. They represent outdated ideas that have been proven not to work.

“This briefing is just the start of the work that the incoming government will need to complete. There is much to do, and every day that action is delayed in these areas real workers and families suffer across New Zealand. The NZCTU wants to engage with government urgently on these issues and more.  

“We passionately believe in making New Zealand the best country in the world to be a worker through the creation of good work. Regardless of the differences between the trade union movement and the political parties that comprise the new government, we stand ready to work constructively with government, delivering positive policies that will make this aspiration a reality.” 

Unions to hold Government to account over persistent pay gap

Source: Council of Trade Unions – CTU

November 26 marks the day women effectively begin working for free, say the New Zealand Council of Trade Unions.

NZCTU National Secretary Melissa Ansell-Bridges said that despite continued wage growth and low unemployment, the pay gap for women remains unacceptable.
 
“The labour market data released by Statistics NZ shows that we still have a lot of progress to make. The statistics are even worse when ethnicity is factored in. The incoming government must prioritise settling pay equity settlements to close these gaps.”
 
NZEI National Secretary Stephanie Mills said fair pay for early childhood teachers must be recognised and funded with urgency.
 
“Women in education have fought over decades to have their mahi and contribution to the learning and growth of our youngest citizens recognised and properly valued.  We’ve seen significant pay equity settlements for school support staff, but there is still work to do. The settlement of more than 70 percent pay increases for kaiārahi i te reo shows the even more significant under-valuation of Māori and Pasifika women. “
 
Melissa Woolley, Assistant Secretary for the Public Service Association Te Pūkenga Here Tikanga Mahi said it was essential that progress continued to be made.

“We must keep up the momentum – thousands of care and support workers are already seeing their pay being eroded because of the failure to progress a fresh pay equity deal. They do a critical job of supporting people every day so they can live with dignity.

“Thousands of community social workers are also facing long delays just getting paid their pay equity payments that have already been agreed. So, our message to the incoming government is that in a cost-of-living crisis it is even more important that there is no backsliding. Let’s keep making progress.”

New Zealand Nurses Organisation President Anne Daniels said the health workforce were trying to reverse decades of historic sexism.

“It has been 130 years since women received the vote in New Zealand, but in terms of pay we are still treated like second class citizens. It is time for this inequity to stop; an inequity especially felt by Māori and Pasifika women.”

Hand injury again highlights need to train staff to keep them safe

Source: Worksafe New Zealand

WorkSafe New Zealand says an incident where a worker was seriously injured underlines the importance of training staff to keep them safe.

On 15 November 2021 a staff member with the Auckland International Airport Limited (AIAL) wildlife team was monitoring geese near the airport’s runways. The victim fired a cartridge from a pyrotechnic launcher toward the geese from the open driver’s side window of their stationary work vehicle. As a result of firing the launcher, the victim sustained serious harm, including laceration to their right-hand palm and loss of two of their fingertips on their right hand.

WorkSafe investigated the incident and found the victim did not receive adequate training on the safe use of the launcher and storage and handling of the cartridges. WorkSafe also found standard operating procedures relating to pyrotechnics were not as they should be.

“The way training was carried out was concerning. Training can be ‘watered down’ if it is simply passed on by person to person and not directly linked back to what the best practice states and the law requires.” says WorkSafe’s National Manager Investigations Catalijne Pille.

“This matter highlights that businesses and organisations need to pay adequate attention to the use of equipment or keeping across training regimes. Passing down knowledge without having check-ins can mean gaps in information or that training is not aligned with best practice.”

Since the incident the PCBU has engaged with an external business to carry out training and reports increased satisfaction with the new process.

AIAL has entered into an Enforceable Undertaking with WorkSafe. This requires the PCBU to raise the health and safety standard in their workplace, wider industry and local community.

This Enforceable Undertaking includes:

  • Financial amends to the victim.
  • The implementation of a new suite of controls to greatly minimize risk to workers.
  • The development and implementation of a wildlife working group with key external stakeholders.
  • The development and implementation of a national wildlife hazards conference.
  • Funding to support organisations delivering mental health services in the South Auckland area.

Through this Enforceable Undertaking a Wildlife Working Group will be established with a focus on minimising wildlife risks. This will be supported by the creation of a National Annual Wildlife Hazards conference and a sponsorship programme, focusing on safety and well-being improvements.

“We all have a part to play in New Zealand’s health and safety system and Auckland International Airport Limited has taken up the opportunity to drive health and safety change within the industry.” 

WorkSafe will monitor compliance and progress of the terms of the Enforceable Undertaking which have been agreed to.

Statement from Chloe Surridge, Chief Operations Officer at Auckland Airport

Auckland Airport takes ownership for the events that led to one of our wildlife team members suffering a significant injury and we are deeply sorry for the impact this incident has had on the health and wellbeing of our team member and their family.

While birds are a threat to aircraft safety, it is extremely important any tactics used to scare them don’t risk causing anyone personal harm. That wasn’t the case on this occasion, and we have worked closely alongside WorkSafe in full support of its investigation. We have also made significant improvements to ensure the future health, safety and wellbeing of our wildlife rangers, including more specialised training, changes in operating procedures and improvements in record keeping.

The process of the enforceable undertaking has not only created positive change across our own training and procedures, but will deliver long-lasting outcomes for health, safety and wellbeing at other airports and in our wider community.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Coalition agreements threaten the well-being of New Zealanders

Source: Council of Trade Unions – CTU

The coalition agreements set out by the incoming government are nothing less than an attack on working Kiwis, their rights, and their needs said the New Zealand Council of Trade Unions.

NZCTU President Richard Wagstaff said, “The programme provided today shows that incoming Government is out of touch with the priorities of New Zealanders, and the challenges that they face.”

 “It is telling that one of the first areas of work they have highlighted for action is the repeal of Fair Pay Agreements, and the reintroduction of 90-day trials. Both measures are designed to reduce security for workers, and to make it easier to fire employees.

“At a time of economic hardship for many in a cost-of-living crisis, this is simply appalling and insensitive.

“We are alarmed to hear that they wish to revise already weak health and safety regulations, especially in light of the high fatalities and serious injuries experienced in the workplace today. Removing the ability to challenge your employment status as a contractor will also mean that more workers face discrimination and exploitation.

“National’s tax plan now makes even less fiscal sense given that significant parts of it have been withdrawn due to the loss of the foreign buyers’ tax. This puts a $3 billion gap in their plans which is not addressed in the agreements. We are highly concerned that they will fill the gap with even deeper cuts to essential public services like schools and hospitals. The government should provide transparency urgently as to how that gap will be filled.

“The incoming Government makes clear in its documents that public services will be stripped further and faster than previously thought. At the same time new commitments are made for health and education without any new funding. This will mean deeper cuts to services all Kiwis rely upon. The commitment to part privatising elements of health and education should particularly concern New Zealanders.

“All New Zealanders should be deeply concerned at the attacks on Māori, highlighted by the proposals by to remove co-governance and bodies such as the Māori Health Authority. The proposal to Introduce a Treaty Principles Bill risks damaging community relations in New Zealand, and does nothing to support Māori. The government is a Treaty partner and should recognise and honour its agreements to the Treaty, rather than abdicate its responsibilities.

“These proposals confirm the worst fears of the New Zealand public about the incoming government. This programme will damage the lives of many middle- and low-income Kiwis and will set back progress on essential issues. Now is the time for all organisations around Aotearoa to unite to challenge this dangerous and damaging direction for the country.”

NZCTU Supports The 65,000 Care Workers Impacted By Pay Equity Claim

Source: Council of Trade Unions – CTU

The NZCTU strongly supports unions, including the Public Service Association Te Pūkenga Here Tikanga Mahi, E tū, National Union of Public Employees, and New Zealand Nurses Organisation Tōpūtanga Tapuhi Kaitiaki o Aotearoa, in filing a second pay equity claim for 65,000 care and support workers.

“This claim addresses ongoing underpayment fuelled by gender-based discrimination in a sector where a pay equity settlement is long overdue.

“It is now urgent that employers and government support this claim process to a speedy conclusion, with the Care and Support Settlement Act set to expire on December 31,” said Melissa Ansell-Bridges, NZCTU Secretary.

“This highly skilled and essential workforce needs proper recognition for the work they do.

“The claim covers workers in home-based support services, aged residential care, mental health, addictions, and disability support services. It follows unacceptable delays in the original claim.

“Workers have been left waiting for far too long for that injustice to be rectified, going to work every day knowing they’re paid less than what they’re worth.”

As the Care and Support Workers (Pay Equity) Settlement Act 2017 approaches its expiration, the NZCTU urges the incoming Government to intervention to ensure fair wages for this dedicated workforce.

Asbestos prosecutions highlight room to improve

Source: Worksafe New Zealand

WorkSafe New Zealand says two recent court cases show Aotearoa still has a long way to get asbestos management right.

Asbestos remains the country’s number one work-related killer, with about 220 people dying each year from preventable asbestos-related disease. 

Asbestos Awareness Week runs until 26 November and aims to remind tradies and businesses of the dangers, and how to manage the risks of the known carcinogen. 

The latest WorkSafe prosecution involves Wilson Building Timaru Limited. The company was fined last month for the unauthorised removal of asbestos by the company director, which put workers at high risk of asbestos exposure over several days. The company did not seek an asbestos management plan from the building owner at any point. The asbestos should have been removed by a licensed expert. 

Earlier in the year, Inspired Enterprises Limited was sentenced over a case of poorly handled flooring containing asbestos. There was no asbestos management plan, and the customer’s quote did not mention the possibility of asbestos. 

Both cases highlight concerning gaps that fall well short of best practice. 

“In New Zealand, businesses have a responsibility to manage the risks to their workers associated with asbestos,” says the Head of WorkSafe’s General Inspectorate, Tracey Conlon. 

WorkSafe requires asbestos management plans to be in place for workplaces where asbestos or asbestos-containing material has been identified or is likely to be present. 

“The health consequences seen today are the legacy of historic exposure to asbestos, often while at work. Actions taken today will help prevent yourself, workers and others being harmed by asbestos-related disease in the future,” says Tracey Conlon. 

WorkSafe has a broad range of advice and guidance online about managing asbestos-related risks, including what businesses are required to do to manage asbestos exposure risks. 

Read more about Asbestos Awareness Week 
Read more about the case against Inspired Enterprises Limited 
Read more about the case against Wilson Building Timaru Limited

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Truck driver death due to poor traffic management

Source: Worksafe New Zealand

Businesses need to keep their workers safe around vehicles and doing so can save lives, says WorkSafe New Zealand following the sentencing of a Southland business today.

McLellan Freight Limited was contracted to load and unload palm kernel extract at a warehouse leased from South Port in Bluff. In turn, McLellan Freight contracted trucks and drivers from Transport Services Southland Limited and Herberts Transport Limited.

One of those drivers was standing behind his truck when he was struck and killed, as another driver was reversing a front-end loader in February 2017.

“Clear separation of workers and moving vehicles is an absolute must in workplaces. Designated safe zones for people, alongside bollards or barriers to control the traffic flow are cost-effective ways to keep safe,” says WorkSafe’s acting national manager of investigations, Catalijne Pille.

A WorkSafe investigation found McLellan Freight should have had a more effective system in place for traffic management and should have consulted with the other trucking firms it worked with to manage the risks.

“Too much emphasis was placed on workers being vigilant, as opposed to businesses managing risks by preventing dangerous situations for workers. More could and should have been done by way of traffic management to ensure a safe system of work,” says Catalijne Pille.

Several measures could have reduced the risk of harm. These include:

  • having a dedicated spotter to help guide the driver at all times;
  • a stop line or safety cone so drivers know exactly where to stop;
  • use of a reversing camera on the loader;
  • use of proximity sensors;
  • use of blue light indicators on vehicles as appropriate

Following a judge-alone trial in June 2023, McLellan Freight was found guilty of health and safety failures.

Transport Services Southland Limited and Herberts Transport Limited pleaded guilty and were sentenced in October 2022 for their involvement.

Read more about managing worksite traffic

Read the sentencing decision for Transport Services Southland Limited and Herberts Transport Limited

Background:

  • McLellan Freight Limited was sentenced at Invercargill District Court on 16 November 2023.
  • A fine of $577,500 was imposed, and reparations of $115,896 ordered
  • McLellan Freight was charged under sections 34(1) and 2(b), 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015:
    • being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of workers who worked for Transport Services Southland Limited while he was at work in the business or undertaking and that failure exposed [the victim] to a risk of serious injury arising from vehicles used while loading and unloading palm kernel expeller.
    • Being a PCBU who had a duty in relation to workers undertaking the loading, unloading, and transportation of palm kernel expeller at ADM New Zealand Ltd’s facility, failed to, so far as was reasonably practicable, consult, co-operate with, and co-ordinate activities with all other PCBUs who had a duty in relation to the same matter.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

85 Auckland businesses checked in exploitation crackdown

Source: Employment New Zealand

The three-day operation, carried out jointly with Immigration Compliance and Investigations, followed formal complaints being lodged against the retail and hospitality businesses spread across Auckland.

“We take migrant exploitation seriously. This operation is a tangible example of that commitment to follow up on alleged breaches of minimum employment standards and exploitative practices,” said Simon Humphries, Head of Compliance and Enforcement, Labour Inspectorate.

He said the operation had been valuable in helping the Inspectorate and Immigration Compliance and Investigations gauge levels of compliance by Auckland businesses operating in the retail and hospitality sectors.

“The intent was to educate where possible but also to hold accountable employers who are deliberately exploiting migrants.

“Our focus was on ensuring employers were complying with minimum employment standards by paying people the right minimum wage, holiday pay, leave entitlements and maintaining proper record keeping practices,” Humphries said.

The compliance operation forms part of a broader national strategy for the Labour Inspectorate to take a graduated and proportionate approach to gaining sustained compliance by using a suite of interventions including proactive education and information-focused approach. This will increase the knowledge of businesses operating in the retail and hospitality sectors on how to get employment law right, how to access help when problems arise, and improve compliance and awareness of the Labour Inspectorate.

“Some of the businesses were found to be non-compliant with lower-level breaches such a poor recordkeeping. It’s encouraging these businesses are now working with Labour Inspectorate to ensure they have better employment practices.

“However, there were also other instances where we were disappointed to find serious breaches in minimum employment standards,” Simon Humphries said.

High levels of non-compliance were found among the businesses visited.

Breaches uncovered included:

  • wages below the minimum wage rate being paid
  • no employment contracts for employees
  • inadequate or no record keeping
  • employee holiday and leave entitlements being withheld
  • breaches of visa conditions
  • employers demanding money from employees.

Humphries said enforcement action will be taken against businesses where issues of “deliberate non-compliance and exploitative practices” were uncovered.

“At this stage, we expect between 12 and 15 infringement notices will be issued which could lead to some accredited employers being placed on the standdown list.”

Immigration New Zealand and the Labour Inspectorate are working with migrant communities to keep them safe from those who would exploit the conditions of their work visas.

Anyone concerned about their employment conditions are encouraged to contact MBIE through the MBIE contact centre on 0800 20 90 20.