1. Settlement Support New Zealand
Auckland City – Tāmaki-makau-rau
Paenga whāwhā (April) 2011/Issue 28
Haere Mai, Nau Mai, Haere Mai
Kei te pēhea koutou? How are you all? Welcome to the twenty-eighth
Settlement Support New Zealand—Auckland City Newsletter.
The purpose of this newsletter is to provide you with information about what
Settlement Support – Auckland City does, and where you can find information
about employment, education, health services and many other aspects of
settling in New Zealand. This is also an opportunity to share with you the
services and activities available around Auckland City.
Bevan Chuang, Settlement Please feel free to pass on this newsletter onto friends, family and community
Support Coordinator –
Auckland City colleagues.
Updates from Settlement Support New Zealand – Auckland City
Client and Service Providers Enquiries
177 people visited SSNZ Auckland City/ARMS Three Kings during February 2011 Of
these figures, 133 were first time clients. Nearly 40% of the clients contacted SSNZ
Auckland about finding employment; 10% wanted information about
cultural/community and Learning English, and around 6% wanted information
about Employment Rights and Daily Life.
The majority of our clients in February were from China (23%), India (17%),
Philippines (8%), Sri Lanka (6%) and Japan, New Zealand, and USA around 2 – 3%.
Many of them have permanent residence in New Zealand, 20% were family
members of skilled migrants, 21% were skilled migrants, 7% with work-to-residents
permits. 19% had work permits, 12% with student permits, 4% on visitor permits and 3% from overseas.
Almost 52% of the clients had been in New Zealand less than 2 years, with 13% having been here longer than 2 years and 27%
more than 5 years.
There were 8 service providers to service providers’ referrals from 5 service providers, related to financial assistant,
interpreters/translators, rental/temporary accommodation.
Christchurch Earthquake Support in Auckland
ARMS have produced a special ARMS Reach updated weekly. The newsletter contains information about what other NGOs and
community groups are doing to support those affected by the Quake.
Please check it out on the ARMS’ website http://www.arms-mrc.org.nz.
Auckland Council
The Auckland Plan
The Auckland Plan will be a bold 30-year vision and strategy for Auckland underpinned by the Mayor's vision of making it the
world's most liveable city. You can read more about it on : http://bit.ly/ihksbq
Draft Annual Plan 2011 – 2012
Auckland Council's Draft Annual Plan 2011/2012 is now available for public feedback. It sets out the council's plans for the year 1
July 2011 to 30 June 2012. This year provides an update to the plans and budget for 2011/2012 contained in the council’s Long-
term Plan 2010/2019 which consolidated the plans and financial projections of the previous councils. Visit: http://bit.ly/grKu3m
Pacific Peoples Advisory Panel and Ethnic Peoples Advisory Panel
The Panels have been established. You can read meeting agendas, minutes and attachments on: http://bit.ly/ihfvdh
You can contact the Auckland Council on (09) 301 0101 or visit www.aucklandcouncil.govt.nz for more.

2. Updates
Key changes to the Employment Relations Act 2000 and the Holidays Act 2003
Most changes to the Employment Relations Act 2000 and the Holidays Act 2003 come into effect on 1 April 2011.
Below are some of the key changes that may impact on your business.
Employment Relations Act 2000
 90 day trial periods are extended to all employers. Only new employees can be put on a trial period and it
must be agreed in writing in the employment agreement before the employee begins work. If an
employee is dismissed within the trial period, notice must be given during the 90 days
 Changes to the test of justification used by the Authority or the court to determine if a dismissal or
employers action was unjustified
 Mediators and the Employment Relations Authority can make recommendations on resolving a problem.
Re-instatement for an unjustified dismissal is no longer the primary remedy
 Employer consent will be required to be given before a union can access a workplace, and employers can
communicate with employees during collective bargaining
 From 1 July 2011, employers must retain signed copies of individual employment agreements or the
current terms and conditions of employment that make up the employee’s individual terms and
conditions of employment. Employees are entitled to ask for a copy of their individual employment
agreement.

Holidays Act 2003
 Employees may cash up a maximum of one of their four weeks of annual leave with their employer’s
agreement. This provision commences on 1 April 2011, and may only be used for leave that the employee
has become entitled to after 1 April 2011
 Employers may agree with employees to transfer a public holiday so that it is observed on another
working day
 There is a new calculation called “average daily pay” that may be used if it is not possible or practicable to
work out relevant daily pay, or where an employee’s daily pay varies in the relevant pay period
 Employers will be able to require an employee to provide proof of sickness or injury within the first three
consecutive calendar days of taking sick leave, if they inform the employee as early as possible that proof
is required, and agree to meet the reasonable expenses of obtaining the proof.
Along with the Employment Relations and
Holidays Acts changing the minimum wage is
going up. From 1 April 2011, the adult minimum
wage will increase to $13.00 an hour. The new
entrants’ minimum wage and the training
minimum wage will increase to $10.40 an hour.
Find out more on: http://bit.ly/eSwkhU

3. Here is an overview of the key changes to the Employment Relations Act 2000:
Previous law What’s changed
Extending trial periods to all employers Only employers with 19 or fewer employees were able to All employers can now offer new employees a
offer new employees a trial period of up to 90 days. trial period of up to 90 days.
The previous requirements placed on the
employer still apply.
Employer MUST retain copies of Previously employers were not required to keep copies of 1) Employers must now retain copies of intended
individual employment agreements their employees’ individual employment agreements, or current individual employment agreements, or
even though all employers were required to have written terms and conditions of employment, whether
employment agreements for all employees. signed or unsigned. The Act also clarifies that in
cases where the employee not agreed to the
terms and conditions of employment it can not
be treated as the individual employment
agreement.
2) An employee can request a copy of the
employment agreement and an employer must
provide a copy as soon as reasonably practicable.
These requirements can be enforced by a
Department of Labour -Labour Inspector
The Test for Justification The previous test required the Employment Relations The Act substitutes the word “could” for
Authority (the Authority) or the courts to consider what a “would”. This means that a wider range of fair
fair and reasonable employer “would” have done in the and reasonable responses are available to an
circumstances. employer in any particular situation.

4. The Act didn’t state what the Authority or the courts had The Act now states that in deciding whether the
to consider when deciding whether an employer’s actions employer’s actions, and how the employer acted,
or decision to dismiss was justified. were what a fair and reasonable employer could
have done in the circumstances at the time the
dismissal or action occurred, the Authority or the
courts must consider:
(a) Whether the employer sufficiently
investigated the allegations against the
employee; having regard to the resources
available to the employer,
(b) Whether the employer raised concerns with
the employee before taking action;
(c) Whether the employer provided the
employee with a reasonable opportunity to
respond to these concerns;
(d) Whether the employer genuinely considered
the employee’s explanation.
These minimum requirements are intended to
reflect case law and clarify the process
expectations on employers.
There was nothing in the Act that referred to situations There is now an express provision in the Act that
where there were minor defects in the procedure states the Authority or the court must not
followed by the employer. determine a dismissal or any action unjustifiable
solely because of minor or technical defects in
the process followed by the employer if those
defects did not result in the probability that the
employee was treated unfairly.

5. Mediators and the Authority can now Previously parties to a dispute could ask a mediator to Parties to a dispute can ask mediators or the
make recommendations on resolving an make a decision that was binding and non appealable. Authority to make a recommendation about how
employment relationship problem There was no formal recommendation process. a problem should be resolved. Parties will have
time to consider the recommendation, and either
accept or reject it. If the recommendation is
rejected by notice to the mediator or the
Authority member then further mediation may
occur or the Authority investigation and
determination would take place.
Penalty for obstructing or delaying The Act did not previously provide a specific penalty for The Authority can penalise a person (or his or her
Authority investigation parties who were deliberately delaying or obstructing the representative) who without sufficient cause
resolution of a personal grievance in the employment obstructs or delays an Authority investigation.
institutions. This includes failing to attend an Authority
investigation (if required).
Filtering out frivolous or vexatious The Authority had no power to dismiss cases with little or The Authority can now dismiss frivolous or
cases no merit prior to a full investigation. vexatious claims or defences of claims (or parts
of a claim or a defence). Parties have a right to
appeal the this decision to the Authority.
Reinstatement Reinstatement was the primary remedy in personal Reinstatement is no longer the primary remedy.
grievance cases. It is now just one possible remedy the Authority
or Court may consider where it is practicable and
reasonable to do so.
Employers consent required for union Unions could access a workplace for union purposes Union access to workplaces is now conditional on
access without the need to obtain consent as long as they were the consent of the employer, but such consent
exercising this right in a reasonable way. may not be unreasonably withheld.

6. Here is an overview of the key changes to the Holidays Act 2003:
Previous law What’s changed
Cashing up annual holidays Parties could not agree to cash out any annual leave that Parties can now agree that a maximum of one
they were entitled to under the Act. Parties could agree toweek of annual leave can be cashed out. Employers
cash out any annual leave that the employee was entitled may, in consultation with employees, have a policy
to over and above the statutory minimum entitlement. that provides that the employer does not have to
consider any requests to cash up annual holidays.
A new averaging formula may be used Previously if it was not possible to determine an The Amendment Act introduces a new averaging
where Relevant Daily pay for public employees relevant daily pay then an averaging formula formula “Average Daily Pay” (ADP). ADP replaces
holidays, alternative holidays, sick based on gross earnings for the past four weeks could be the previous four week averaging formula. ADP is
leave and bereavement leave is not used. based on the employee’s gross earnings over the
obvious previous 52 weeks.
ADP may be used when it is not possible or
practicable to determine RDP or where an
employee’s daily pay varies within the pay period
concerned.
Transfer of public holidays to another A 2007 decision of the Supreme Court ruled that the Act The Act now clarifies that parties can agree to
working day did not enable the transfer of a public holiday to another transfer the observance of a public holiday to
working day. another working day. The Act sets out a number of
criteria that apply to any agreement to transfer
public holidays.
As with the cashing up of annual holidays,
employers may have a policy that the employer
will not enter into agreements to transfer public
holidays.

7. Taking alternative holidays Where parties couldn’t agree on when an alternative If parties can’t agree on when an alternative
holiday was to be taken then, within the first 12 months, holiday is to be taken then the employer can
the employee could nominate when they would take the nominate when the alternative holiday is to be
alternative holiday. After 12 months, the employer could taken. The employer must be reasonable when
direct the employee to take the alternative holiday or the making this decision and provide 14 days notice of
parties could agree to exchange the alternative holiday for the requirement to take the alternative holiday.
payment.
Proof of illness or injury for employees If an employee was away from work for less than three There has been no change for situations where the
away from work for 3 or less than 3 consecutive calendar days, the employer could ask for employee is away for three or more consecutive
consecutive calendar days proof of sickness or injury if the employer had: calendar days. The change only relates to
situations where the employee has been away for
1)reasonable grounds to suspect that sick leave was not less than three consecutive calendar days.
genuine, and The Act removes the explicit requirement for an
employer to have reasonable grounds to suspect
2)informed the employee as early as possible that the that sick leave is not genuine before the employer
proof is required, and can request proof of sickness or injury. If the
employer requires proof of sickness or injury when
3) met the employees reasonable expenses in obtaining the employee has been away for less than three
proof. consecutive calendar days, employers are still
required to:
1)inform the employee as early as possible that the
proof is required, and
2) meet the employee’s reasonable expenses in
obtaining proof.
Public Holiday entitlements during A recent court decision held that employees did not have The Amendment Act clarifies the original policy
closedowns to be paid for public holidays that fell during a closedown intent that if a public holiday, alternative holiday,
period as the public holidays were considered to not be sick leave or bereavement leave falls during a
days that would otherwise be working days. closedown period, the factors in section 12 of the
Act must be taken into account as if the closedown
were not in effect, in order to determine whether
it would otherwise be a working day for the
employee.

8. This does not change current practice but ensures
the legislation reflects the original intention of the
Act.
Definition of discretionary payments The Act didn’t define discretionary payments. The Act now provides that a discretionary payment
(relevant for the calculation of gross is
earnings) “ a payment that the employer is not bound, by the
employee's employment agreement, to pay the
employee”;
BUT if the payment is provided for in the
employment agreement but the amount to be paid
is not specified, or the payment is subject to
certain conditions, then this is NOT a discretionary
payment.

9. What’s Coming Up?
Workshops *All free and conducted in English unless otherwise stated.
Job Search Workshop
5th April and 19th April, 9.30am—3.00pm
Workshop to assist with your job search. Held in conjunction with Career Services and the Auckland
Chamber of Commerce and other agencies.
Legal Clinics
Fridays, 9.30am—12.00pm
Heval Hylan, Principal of Hylan Law Barrister & Solicitor, will be providing free 10-minutes legal
advice on immigration, family law, contract, trusts and other areas of law in general.
Free Counselling Services to support newcomers to New Zealand
Fridays, 9.30am – 12.30pm, Bookings Essential
Making a new life in a foreign country can sometimes be difficult and can sometimes feel
overwhelming. Talking with someone who understands may help you to make sense of what’s
happening and assist you to move forward with confidence and hope.
Free English Advisory Clinics
Tuesdays, 10.30am – 12.30pm
Our English language Advisor can provide you with a 20 minutes consultation and referrals to suitable
providers and courses. Note: Please contact ARMS for individual consultation and assessment.
Legal Workshop: Working in New Zealand by Amicus Law
Saturday, 2nd April, 9.00am – 12.00pm
The recession has left many migrants feeling vulnerable when seeking employment. This workshop
seeks to explore available options for migrants and their employers when applying for work visas.
Employer’s Tax and KiwiSaver workshop
Saturday, 9th April, 9.00am – 12.30pm
Inland Revenue for new employers. All about tax codes, obligations, PAYE due dates, KiwiSaver,
other reductions. Return filing procedures, IR-File Options, KiwiSaver employer contributions.
Career Development & Training: Workplace English, Business and Hospitality
Thursday, 14th April, 10.00am – 12.00pm
Wanted further career development and training opportunities? Wanted to improve your workplace
English? Wanted to find out more about a degree in business management and hospitality? Chinese
speakers available on site.
Personal Financial Planning and Management
Saturday, 16th April, 10.00am – 12.00pm
What is personal financial planning? Do you know your financial resources? How to manage your risks
in life through insurance and protect your estate? Why do you need a retirement plan? What should
you know for investment planning? Chinese ok.
Marae Visit
Saturday 30th April, 9.00am – 4.00pm – $15/ person, payment made at the time of registration
Powhiri/Welcome – introduction to Maori history and culture; flax weaving, Maori songs and Haka;
Hangi lunch; Poroporoaki/Farewell; free transport; Certificate of Participation.
For more information or to register contact ARMS on 09 625 2440 or reception@arms-mrc.org.nz.
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10. がんばれ日本! Hang In there Japan!
The Consul General of Japan in Auckland (http://www.auckland.nz.emb-japan.go.jp/), Mr Hachiro Ishida, expresses sincere appreciation for
the condolences and assistance received. The Japanese Society of Auckland (http://www.jsa.org.nz/), the New Zealand Japan Society of
Auckland (http://www.nzjapan.net) and Red Cross New Zealand, which are all working with the Japanese Red Cross Society, are accepting
donations.
Red Cross New Zealand is accepting donations (http://www.redcross.org.nz) or by cheque to:
2011 Japan Earthquake and Tsumani Appeal, Freepost 232690 , PO Box 12140, Thorndon, Wellington 6144.

11. Are you looking for employment?
The new and improved New Kiwis website has been launched!!
www.newkiwis.co.nz is a free national jobsite for skilled migrants
eligible to work in NZ who are seeking employment. New Zealand
Employers use our website to search for the skills they require. If
a potential Employer is seeking your skills they will download your
CV and contact you directly by phone or email to arrange an
interview. You can sign up for e-mail alerts and also search the
“job vacancy” section – just be aware many employers search the
database without posting their vacancy.
Don’t have a CV?
Once you register your information an automated PDF CV will be
created for you.
Are you eligible to work in NZ?
If you have a valid work permit, open work permit, working holiday
visa, permanent residency or citizenship then you are eligible to
work in NZ
Act now – over the next few weeks we will be engaging NZ
Employers to list their vacancies on our website and search our
database for CV’s. If you do not want to miss out on this
opportunity then visit www.newkiwis.co.nz today to register as a
job seeker.
New Kiwis is a partnership project between the Auckland
Chamber of Commerce and Department of Labour.

12. Elim Christian Centre
Soul Food
Festival
CELEBRATING OUR
CULTURAL DIVERSITY
Enjoy International &
Traditional Ethnic food,
Music, Entertainment, Kids Activities
SUNDAY 3RD APRIL
10 am
BRING YOUR FRIENDS
74 Cook Street, Auckland City
Note: Food will be on sale

13. The one and only
show of its kind
in New Zealand
Living. Working.Learning. & More.
•••• ASB Showgrounds
Logan Campbell Centre
Greenlane Road
Auckland
10am-4pm
FREE ENTRY
www.migrantexpo.co.nz
welcome everyone:
new migrants, refugees, people relocating from christchurch
international students, homestay families, school teachers
& employers (if you are looking for staff,
please don’t hesitate to contact us to see how we can help)

14. See us on youtube!
http://www.youtube.com/watch?v=cEIJ3ubs1B8
http://www.youtube.com/watch?v=
3JfKiPaM8w&feature=related
FAST FACTS:
new2auckland? (the Migrant Expo) is an WHO SHOULD ATTEND THE SHOW:
established show for new and settled migrants
in New Zealand. This year the scope of the • New Migrants & Refugees
show has been widened to cater to the • People who have relocated here
specific needs of people relocating from • NGO’s, members of Community Groups
Christchurch. • Have family, friends planning to migrate
• International students, homestay parents
The Migrant Expo was first organised • Job seekers, those changing career paths
9 years ago, and it is still the only Expo of • Employers, recruitment agencies
its kind. It attracts the broader migrant • Government officials
market - European, Chinese, Indian, • School principals, staff and students
Filipino, Korean, South African, African,
Middle Eastern, North & South American,
Canadian, US and other Asian migrants.
WHO SHOULD BE EXHIBITING: SETTLEMENT SERVICES
GOVERNMENT DEPTS
new2auckland? will feature a whole
array of information booths as well as
COMMUNITY GROUPS
interesting products and services.
EDUCATION,TRAINING
SECTORS: These are only some
of the sectors that have been
featured in the show in previous
EMPLOYERS
years. We welcome suggestions for
new sectors that will enhance the
H E A LT H S A F E T Y
scope of the show.
IMMIGRATION
COMMUNITY GROUPS: We
offer a huge discount to facilitate the
participation of community groups in
MIGRANT BUSINESSES
the show. Please don’t hesitate to
contact us to discuss your particular
REAL ESTATE
situation - don’t let lack of funds be
an obstacle.
FRANCHISING
EMPLOYERS: We are keen to
have employers and recruitment
TRAVEL AGENCIES
companies participate in the show.
The cost of their booths will be
heavily subsidised by the organiser.
BANKING
Please contact us to discuss special
arrangements to facilitate your
participation.
MONEY TRANSFER
PACKAGED FOOD

15. BREAKAWAY
FREE Aquatic Holiday Programme April
2011
9.00am to 2.00pm
Monday 18 – Thursday 21 April 2011
Tuesday 26 – Friday 29 April 2011
Four days of aquatic activities for Years 6 – 8 students
at Cameron Pool, 53 Arundal Street, Mount Roskill.
improve your swimming
play water games
learn water safety skills
For enrolments contact Angelo Naude, WaterSafe Auckland
Email angelo.naude@watersafe.org.nz Phone 09 306 0809
www.watersafe.org.nz
The Breakaway Holiday Programme is coordinated and delivered by WaterSafe Auckland with funding support from
the Ministry of Social Development.