Hawke’s Bay relies heavily on horticulture, viticulture, hospitality, and service industries. Seasonal peaks and workforce pressures are part of daily life for many businesses, which means staying ahead of employment and immigration law changes is essential. With new visa categories and a significant employment law reform bill progressing through Parliament, employers need to understand what is coming and how it may affect their operations.

New visa options for seasonal workers

Persistent labour shortages, particularly in horticulture and viticulture, have prompted the Government to introduce two new visa categories under the Accredited Employer Work Visa (AEWV) framework. From 8 December 2025, employers will be able to access the Global Workforce Seasonal Visa (GWSV) and the Peak Seasonal Visa (PSV), each designed to support different types of seasonal roles.

Global Workforce Seasonal Visa (GWSV)

This visa is for skilled seasonal roles. Applicants must have worked at least three relevant seasons in the previous six years. The visa lasts for up to three years, with holders required to spend at least three months outside New Zealand each year. There is no Labour Market Test or English language requirement, and workers may transition to other visa types if eligible.

Peak Seasonal Visa (PSV)

The PSV is aimed at lower-skilled, entry-level roles and is valid for up to seven months. Applicants must take a four-month break after each visa period before reapplying. There is no English language requirement, but employers must engage with or be endorsed by Work and Income. Applicants need at least one season of relevant experience in the past three years and must hold comprehensive health insurance.

Both visas are intended to give employers more certainty during peak periods, reduce bottlenecks, and ultimately provide a boost to local industries and the broader economy.

The Employment Relations Amendment Bill: what employers need to know

Alongside immigration changes, employers should pay close attention to the Employment Relations Amendment Bill, which passed its first reading in July 2025 and is now before the Select Committee. The Bill proposes several significant reforms designed to clarify employment relationships and provide greater flexibility for businesses.

The Gateway Test

A central element of the Bill is the introduction of the Gateway Test, a new mechanism intended to give greater certainty when determining whether a worker is a genuine contractor. Recent high-profile cases have highlighted the risks of mis-classification. If a worker operates like an employee, but is labelled as a contractor, businesses may face serious legal consequences.

Currently, whether a worker is an employee depends on four tests considered together: intention, control versus independence, integration, and economic reality. While these tests remain important, the Gateway Test is intended to streamline assessments for straightforward contractor arrangements.

A worker will qualify as a specified contractor if all the following criteria are met:

1. There is a written agreement stating the worker is an independent contractor.

2. The worker can perform work for other businesses, including competitors.

3. The worker has flexible hours, with no obligation to be available at set times, or has the right to subcontract work.

4. The business cannot end the arrangement simply because the worker declines an additional task.

If any criterion is not met, the existing four tests will continue to apply. The Gateway Test does not apply to company-to-company arrangements, only individuals engaged in their personal capacity.

For Hawke’s Bay employers who rely on flexible or seasonal labour, this is a timely opportunity to review contracts and ensure workers are treated in practice as described in their agreements.

Salary threshold for unjustified dismissal claims

The Bill also proposes a salary threshold above which employees cannot bring unjustified dismissal personal grievance claims unless explicitly provided for in their employment agreement. The proposed threshold is $180,000 per annum, adjusted annually for wage growth.

A 12-month transition period is planned for employees on existing agreements. Businesses employing highly paid staff may need to update recruitment processes and prepare for candidates requesting protective clauses such as longer notice periods or lump-sum termination payments.

Staying Ahead

Employment law continues to evolve rapidly. Keeping up with these changes is essential for Hawke’s Bay employers wanting to operate confidently and compliantly in a competitive labour market.

Lois McLintock, Senior Solicitor
Bramwell Bate Lawyers

Lois was born and raised in Hawke’s Bay, attending Hastings Girls’ High School before leaving for university. She graduated from Auckland University of Technology in 2020 with Bachelor of Laws and then from The University of Auckland in 2021 with a Master of Laws.

Lois returned to the Bay in mid-2021 and joined the team at Bramwell Bate in October 2021.