This month’s edition finds us still hovering in Level 2. The implications for most businesses are limitations on operation, and in Christchurch with vaccination levels approaching 90 per cent, it is difficult to understand the justification for this holding pattern.

As Cup Week approaches it appears that the racing will proceed without any crowds and the A&P Show is again cancelled. So we look forward to Cup Week, but not as we knew it.

Save 20% on residential conveyancing



We have had an outstanding response to our Spring Conveyancing Campaign which continues this month. You can save 20% on our normal conveyancing prices by:

• registering on our website now (even if you’re not quite ready to buy or sell)
• signing a sale and/or purchase agreement any time between registering and Christmas.

So if you think there’s any chance you’ll buy or sell before Christmas, be sure to register!

* A warm welcome to the new subscribers who’ve joined us since registering!

COVID-19 vaccination and the workplace



We’ve seen a lot of variety when it comes to private companies developing vaccine mandates and protocols. Some, such as law firm Russell McVeagh and MediaWorks are requiring all staff to be vaccinated, as well as visitors to their offices (including clients in the former case, and on-air guests in the latter).

The Government has also announced that vaccines will be mandatory for workers in businesses which require customers to be vaccinated (such as hospitality venues, hairdressers and gyms). This is on top of the existing mandates for MIQ workers; certain roles in the health and disability sector; and education staff that have contact with children and students.

But what is the legal position for businesses that fall outside these mandates? Writing for The Spinoff, employment lawyer Laura Scampion covered some of the key points.

Can other employers mandate that their employees be vaccinated?
According to Scampion, an employer needs to carry out a health and safety assessment to see if workers are at risk of transmitting or contracting COVID-19. The Government has announced it will release a risk assessment process for this under public health legislation later this year.

But in the meantime, WorkSafe has interim guidance available. It says an employer needs to consider a series of risk factors:

• How many people does the employee come into contact with?
• How easy will it be to identify the people they come in contact with?
• How close is the employee in proximity to others?
• How long does the work require being in close proximity to others?
• Does the employee interact with high-risk people?
• What is the risk in the work environment compared with outside the work environment?
• Will the work continue to involve regular interaction with unknown people if the region is at a higher alert level?

The employer should then consider if other risk control measures can be put in place before requiring duties to be carried out only by a vaccinated employee.

What employers are entitled to know

• Employers can ask an employee if they are vaccinated if vaccination is justified by the nature of their role. The employee doesn’t need to answer; however, if they do not, the employer can assume that they are not vaccinated.
• Employers can ask job candidates if the are vaccinated. Again, this is if the nature of the role justifies it.
• Information provided needs to be treated in terms of the Privacy Act.

If you have questions or need help regarding the above please contact our employment law expert Savannah Carter.

Resource consents no longer required for most residential housing



The Government, with the support of National, has announced new building intensification rules which will allow three homes of up to three storeys to be built on most sites without the need for a resource consent. This is quite a change from the current rules, where district plans usually only allow for one home of up to two storeys on a single site without a resource consent.

According to PwC modelling, the move is expected to lead to 48,200-105,000 new dwellings in the next five to eight years, on top of an expected 72,000 new dwellings expected by 2043 as a result of the National Policy Statement on Urban Development. 6,500-17,200 of these are expected in Canterbury.

In most cases the new rules will have immediate legal effect as soon as plans are publicly notified by councils by August 2022.

In Canterbury 701 consents were issued in August, up 61% compared to August last year, taking the 12 month total to 7077. That's up 25% compared to the previous 12 months.

Interest deductibility for residential rentals clarified
In March, amongst a series of new housing policies aimed to reign in increasing residential property prices, the Government announced that property owners would no longer be able to deduct mortgage interest on rental properties from their taxes. The Government suggests this will see tax deductions decrease by $1 billion over the first four years of the policy.

However, “new build properties” were excluded from the policy. But that begs the question: what counts as a “new build”?

That’s now been made clearer. Properties which received their code of compliance certificates on or after 27 March 2020 will be eligible for interest deductions for 20 years from the date the certificate was issued. That exemption will also apply to not just the initial purchaser, but any other owners who own it during that 20-year period.
 

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Thanks for reading our Legalchat for this month. As always, we’re just an email or phone call away for any questions, help or advice. We look forward to chatting next time.