As Auckland is still in level 3 conditions, the fourth round of the August 2021 wage subsidy should be opening in the morning of Friday 1 October. The same rules should apply as before.

Other relief

Corporate compliance
The government has agreed to reinstate temporary compliance relief measures contained in the COVID-19 Response (Requirements For Entities-Modifications and Exemptions) Act 2020. This will enable entities to:

• perform certain functions electronically - including holding meetings, signing documents, and voting on certain matters - even if their constitutions or rules do not provide for it
• more easily modify certain requirements or restrictions in their constitution or rules, for example, to defer reporting, or to waive members’ fees.

Tenancies
The government has brought legislation before Parliament which would change commercial leases to require a ‘fair proportion’ of rent to be paid where a tenant has been unable to fully conduct their business in the premises due to restrictions. The landlord and tenant will need to agree on the amount of rent that is fair, and could also agree that the clause does not apply. If both parties could not agree what a ‘fair proportion’ is, arbitration would be required unless an alternative dispute resolution progress such as mediation is agreed to. Once enacted, this will take effect from 28 September 2021. This is an interesting development that will be welcomed differently by landlords and tenants.  

The Residential Tenancies Act is also being amended to allow Ministerial orders to be implemented to prohibit tenancies from being terminated. This will be similar to the tenancy termination restrictions which were in force in April and May last year.

If you have any queries regarding the support available for business, please contact your Baker Tilly Staples Rodway advisor.