LaurentLore Corporate Edition
April 2017
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In This Issue
Employee or Contractor
Contractor Tax Rates
Migrant Employees Don't Risk Being Banned
Australian Franchisors Liable for Franchisee Wage Breaches?...
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Professional Assistance

"That was then we realised we needed professional help and started asking around for
an immigration lawyer recommendation. We were then told that Bill Milnes was THE i mmigration lawyer in Auckland and that he was known for his professionalism and
positive results - even with cases that had been previously declined by INZ. Our
communication with Bill started then in 2014 and continued for the following years. It
was a breeze of fresh air for us to be finally in touch with someone knowledgeable,
experienced, honest, transparent in his dealings and professional.

The result

After three years of countless emails, several Skype calls, gathering/translation of
documentation, and much more ... my dear brother finally landed in Auckland, New
Zealand three weeks ago with a 12-month Student Visa in his passport AND allowed
to work 20hrs/week and full-time during University break. A lot more than we ever
expected or asked for.
My family are forever grateful to the amazing work and result achieved by Bill Milnes
and his team at Laurent Law. We feel we will never be able to thank Bill Milnes enough.
All we had ever asked for was for an opportunity and Bill Milnes delivered it with
confidence and grace. We all feel a huge weight has been lifted off our shoulders and
that a new (and very much looked forward to) chapter in our lives now begins. We can
finally move on."

Baptista Onodera Family
" My family and I are extremely grateful to James Turner and the team at Laurent Law for their help in successfully winning our family member's appeal against deportation. We were very impressed with Jame's professionalism and efficiency throughout the entire process. From the very start we were reassured by his ability to listen, offer advice, promptly action every requirement and keep us up-to-date with progress. This was invaluable when going through such a stressful experience of the possible deportation of our loved one. Our sincerest thanks go to James and the team for achieving the best possible result we could wish for."
Kate Locke


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Laurent Law Barristers & Solicitors
408 Mt Eden Road
Mt Eden, Auckland, 1024, New Zealand
Ph.  +64-9-630-0411;  Fax  +64-9-630-0412




This, our Corporate Newsletter provides information about immigration, which we consider to be relevant to Corporates and Employers. We also produce a separate 'Business' Newsletter focusing on Entrepreneurs and Investors, and a 'Migrant' Newsletter offering advice to prospective and recent migrants to NZ.


You can subscribe to our law firm blog or newsletters to hear up-to-date commentary on trends in the immigration field.

Who do you know who should get this newsletter? 


Yours sincerely
Bill Milnes
Laurent Law Barristers & Solicitors
Email Me   and please add this email address to your Contact List
Your comments would be appreciated - including questions which you would like answered directly or in a future instalment.
Employee or Contractor?
My physiotherapist is on a work visa and hoping to apply for residence. Fortunately, he mentioned that with his change of employer, he was now better off as a contractor.  He was not so happy when I advised that he is unlikely to meet immigration criteria as a contractor, and that in my opinion, in spite of what he or his employer may think, he is technically an employee and I suggested his employer seeks professional advice.  
So what d efines a self-employed contractor?
  • decide or control how they do the work
  • invest or risk their own money in the activity in any way
  • provide the major assets or working equipment needed for the job (not just small tools, work clothing and/or vehicle to get to and from work)
  • provide or pay for their own training
  • are responsible for getting the work done 

Contractor Tax Rates
Choose your tax rate - From 1 April, contractors and their employers/recruiters may elect the tax rate to be paid, from 10% to 100%.
If you get it wrong and overpay, IRD will credit interest at 1.62%. If you underpay you will be charged interest 8.27%.

ACC work levies go down and the minimum wage goes up for $15.75. Click on the links for more information.                                                                                                      
Go to the Inland Revenue's website for more information on interest rates.
Migrant Employees Don't Risk Being Banned
Do you anticipate that you will need to take on migrant employees? If so, make sure that you do not break the rules or you could be banned from hiring migrant workers. 

This may include thinking that Volunteers [including NZers] are not employed because they are not being paid.
There are very few situations in which a business could legitimately take on volunteers. If you have anyone working with or for you who is unpaid or only paid a nominal amount, seek professional advice as you may well be in breach of employment and Immigration legislation.
Parental Leave - Easter Trading questions?

Employees With DUI Convictions

What is the culture in your business towards after-work drinks, Christmas and other events where alcohol will be available?
What policies do you have to reduce the risk of your staff drinking and driving?
Do you have any employees on work or resident visas who have been convicted of drunk driving?
In the eyes of government, drunk/drugged driving is a serious issue and a conviction will put at risk the immigration/citizenship hopes of any of your employees on work or resident visas.
Employees on Work Visa

Because legislation provides for a maximum sentence of 3 months imprisonment for their first drunk driving offence (DUI), any person on a temporary visa with a DUI conviction within the last 5 years is 'normally ineligible for a residence class visa unless granted a character waiver' (INZ Instruction A5.25h).
In most cases, DUI convictions receive a fine and 6 month's loss of licence, but because the potential penalty is imprisonment, migrants applying for resident or permanent resident visas:
  • must seek a character waiver;
  • will probably receive advice from Immigration NZ that they are liable for deportation, if so;
  • must present detailed submissions as to why deportation should not proceed;
  • may be issued with a Deportation Liability Notice which may or may not be suspended for a period of 2-5 years; if so,
  • should prepare and submit an appeal against deportation.
Employees Holding Residence Visa

For the first 2 years after getting Residence, people convicted of a single DUI automatically become liable for deportation, which could result in the loss of their Residence.

We have frequently negotiated the suspension - and later cancellation - of liability for deportation in this sort of situation. However, the price of not getting it right is very high, and anyone facing this scenario should get professional help immediately.

The professional costs in successfully working through all this will be substantial and far in excess of any fine imposed by the courts.
For Those Seeking Citizenship
 Those hoping to apply for citizenship are unable to have their application approved until at least 3 years after the conviction. Internal Affairs is very unlikely to waive this stand-down period.
If you do not have active policies and procedures in place to minimise the risk to your employees - and the other road users - what responsibility do you carry if one of your people is convicted of drunk driving, or worse, maims someone in an accident?
Australian Franchisors Liable for Franchisee Wage Breaches?

Could planned Australian changes to Franchise responsibilities come to NZ and overflow into other group employment situations?
The Fair Work Commission in Australia has been busy in recent weeks, ruling to cut penalty rates for some industries operating on Sundays and now proposing new legislation that would make franchisors liable for outstanding wages owed to workers who are employed and paid by their franchisees.
NZ has a habit of watching the Australian model and copying it where relevant. What is the chance that NZ could institute a similar rule and that it could apply to other group situations such as cooperatives or buying groups?
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