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A 2023 study found 38% of New Zealand's legal community were working under unrealistic time pressures. Two years on, has it got better?

The rest of that survey's numbers, from the New Zealand Law Society's Workplace Environment Survey, painted the same picture:

- 50% facing unmanageable workloads.

- 46% handed unreasonable or impossible deadlines.

- 55% doing work below their level of competence.

Ask lawyers directly in 2025, and the answer looks like no. LawTalk sat down with six senior lawyers this year, criminal, employment, civil litigation, family, environmental, and property law, on what's shaping their practice. Criminal barrister Chris Macklin put it bluntly: litigators, he said, are expected to deliver "a Maserati-level service on a Suzuki Swift budget." Family law barrister Richard Smith made a similar point in his own way; he doesn't see an end to the workload in sight.

Six different specialties. One recurring thread, two years apart. This isn't seasonal. It's structural, and it's exactly the gap Victor Alexander & Co. exists to close.

We take the research, documentation, and administrative support entirely off your desk, so the hours you do have go toward the work only you can do. If deadlines, research, or admin are quietly eating into your week, let's talk about what we can take off your plate.

Sources: New Zealand Law Society, Workplace Environment Survey (2023); LawTalk Issue 961, "The Issues That Matter Most"

The Gateway Test — What New Zealand's 2026 Employment Law Changes Mean for Contractors and Employers

The line between "employee" and "contractor" has been one of the greyest areas in New Zealand employment law for years, and as of 21 February 2026, it has a much clearer test behind it. The Employment Relations Amendment Act 2026 introduced what's now known as the "Gateway Test," designed to clarify contracting arrangements, simplify personal grievances, and reduce complexity at the start of employment relationships.

The Five Criteria

Under the Act, a worker is a "specified contractor" if they meet all of the following:

  • They have a written agreement stating they are an independent contractor, or that they are not an employee

  • They are allowed to work for another person, except while actually performing work for the person they have an arrangement with

  • They can choose when to work, or can subcontract the work to a third party — with or without needing to vet that third party for required qualifications or a criminal record

  • They can decline an additional offer of work without the arrangement ending

  • They had a reasonable chance to get independent advice before signing the arrangement

If a worker meets all five criteria, they're legally treated as a contractor, and the Employment Relations Authority is prevented from examining the relationship any further. If even one criterion isn't met, the test doesn't apply, and the traditional common law "real nature of the relationship" test takes over instead.

Why It Matters

The Gateway Test gives businesses and workers a clear, checkable standard, rather than relying on a multi-factor legal enquiry that could go either way. If all criteria are met, the worker's status is settled, they can't later apply for reclassification as an employee to claim holiday pay, sick leave, or bring a personal grievance based on their status. It's intended to reduce backlog in the Employment Relations Authority and Employment Court over time, by resolving straightforward cases before they ever need a full hearing.

A Closer Look

The Gateway Test doesn't replace the existing law, it creates a carve-out from section 6 of the Employment Relations Act, which defines what an employee actually is. But it's a mandatory first hurdle, not an optional shortcut: if an arrangement meets all five criteria, the worker is legally deemed a contractor, and the courts are blocked from looking into the "real nature of the relationship" at all. If the arrangement fails even one part of the test, that protection disappears entirely, and the matter reverts straight back to the standard common law test.

What This Means in Practice

For businesses, passing the five criteria gives strong legal protection against status challenges specifically, reducing exposure to backdated holiday pay and similar claims. For contractors and workers, it gives upfront clarity: knowing your tax, insurance, and leave position before you start work, rather than facing ambiguity down the track.

If a contract meets all five statutory criteria, the worker is automatically a "specified contractor" and cannot claim employee entitlements. If it misses even one, the old multi-factor common law test applies instead.

Sources: New Zealand Legislation (legislation.govt.nz); LawNews.nz; Employment New Zealand (employment.govt.nz); Employment Hero

Victor Alexander & Co. is a research and documentation service, not a law firm, and this article is general commentary rather than legal advice. For advice specific to your situation, consult a practising solicitor or barrister.

Enrolled Nurses Made the Green List. Why Hasn't Veterinary Nursing?

Alexander Laurenson runs Victor Alexander & Co., a research and documentation service based in the Waikato. This piece was prompted by his partner's own experience navigating the AEWV process as a veterinary nurse.

The Accredited Employer Work Visa process is widely known as one of the more demanding paths to residence in New Zealand. It brings long processing times, real compliance costs, and no guarantee at the end of it. For skilled migrants working just outside the Green List, there's a further frustration on top of that: watching a role sit right next to yours on an organisation chart, doing comparably essential and demanding work, while only one of you has a fast-tracked path to residence.

Watching this process from the outside, as their partner, was its own kind of stressful. The uncertainty, the paperwork, the sense that a genuinely qualified professional was being put through something disproportionate to what the role requires. The confusion extends beyond the applicant themself; even understanding what pathway applied to their situation took real, sustained effort, at a time when clarity should have been the easiest part.

What Changed

New Zealand's Green List has recently been broadened considerably for the health sector. It's no longer just doctors, dentists, and specialists at the top of the profession; Enrolled Nurses, Dental Therapists, Dental Technicians, and Anaesthetic Technicians have all been added, alongside several other allied and support roles. The list has clearly moved toward recognising that essential healthcare isn't delivered by the top-qualified professional alone; it's delivered by a team.

Veterinary care hasn't seen the same shift. Veterinarians are on the Green List, and rightly so, but there's been no equivalent addition of the roles working alongside them. Veterinary nurses, who carry out anaesthesia monitoring, patient care, diagnostics support, and client education every day, remain outside the list entirely, despite the clear parallel to exactly the kind of allied roles the health sector has just chosen to include.

Why It Matters

This isn't a hypothetical gap. A 2024 workforce survey of over 600 veterinarians, vet nurses, technicians, and practice managers, commissioned jointly by the NZVA, NZVNA, and Boehringer Ingelheim, found that:

·       44% of practice decision-makers struggle to hire skilled staff. Retention looks even more stretched at the nursing level specifically.

·       Only 26% of vet nurses surveyed plan to stay in the sector through to retirement, compared with 40% of veterinarians.

·       Despite typically training for 2-3 years, vet nurses often earn barely above minimum wage, with full-time salaries averaging around $54,000.

NZVNA President Laura Harvey has herself spoken publicly about this gap, noting that allied veterinary professionals are taking on expanded roles internationally, but face real constraints doing so here, and that clearer recognition could help ease the ongoing shortage directly.

The Groundwork Is Already There

One common reason a role sits outside the Green List is the absence of a formal, regulated qualification standard, but that barrier doesn't really apply here. Veterinary nurses have been through exactly that process already: registration is now overseen by the Allied Veterinary Professional Regulatory Council (AVPRC), following reforms to veterinary nursing qualifications years ago. The formal structure the Green List typically looks for already exists for this profession.

Although we must understand one distinction. AVPRC's registration is voluntary and industry-led, not a statutory legal requirement, unlike veterinarians, who are regulated under the Veterinarians Act 2005. AVPRC itself has stated its long-term goal is to eventually merge with the Veterinary Council of New Zealand once allied veterinary regulation becomes statutory. So, the groundwork here is genuine, but it isn't yet identical to the government-mandated frameworks the Green List has typically favoured, a gap worth acknowledging directly rather than glossing over.

A Question Worth Asking

Is the exclusion of veterinary nursing from the Green List a considered decision, or simply a category the recent health sector review didn't get to yet? And if the logic behind adding Enrolled Nurses and Dental Therapists is “these support roles are essential to the profession functioning,” doesn't the same logic apply just as clearly to veterinary nursing?

I'd genuinely like to know what others think, is this a gap worth raising with Immigration New Zealand, or is there a reason for the distinction I'm not seeing? Roles like veterinary nursing are just one example; I suspect there are other allied roles sitting in a similar spot. Keen to hear if others have noticed the same pattern elsewhere.

What This Means in Practice

For veterinary clinics, this plays out as a real, ongoing staffing problem. Skilled migrant vet nurses are typically kept on repeated Accredited Employer Work Visas rather than a clear residence pathway, meaning clinics invest in training and retaining staff who face renewed uncertainty every visa cycle, rather than the stability a Green List role would offer. For the vet nurses themselves, it means real personal cost: ongoing visa fees, the administrative burden of reapplying, and no fixed point at which the uncertainty ends. Some will understandably choose to move to a country offering a clearer path, taking a genuinely scarce skill set with them, the opposite of what a workforce shortage needs.

In the meantime, the practical options are limited. Staying on the AEWV cycle remains the default. It's also worth noting that vet nurses aren't necessarily restricted to that cycle if they can meet the Skilled Migrant Category's wage threshold, currently based on a median wage of $35.00/hour, though the applicable rate varies by skill classification and can be considerably higher. It's also worth noting that this threshold has moved consistently upward in recent years, from $29.66/hour in 2022 to $35.00/hour by 2026, and while the exact size of future increases isn't set in advance, the trend has made this an increasingly difficult bar to clear over time, not an easier one. Given the $54,000 average salary cited earlier, this route remains out of reach for many vet nurses in practice, which, if anything, strengthens the case for Green List inclusion rather than treating SMC as a ready alternative. Beyond that, the remaining option is raising the gap directly with Immigration New Zealand during future Green List reviews.

If this resonates, NZVNA's own advocacy channels may be the most effective place to raise it, including at the next opportunity for public input into Green List settings.

 

 Victor Alexander & Co. provides research and documentation support to businesses and individuals navigating exactly this kind of regulatory and policy detail. This piece is general commentary and discussion, not immigration advice, for guidance specific to your situation, consult a Licensed Immigration Adviser.

 

Sources

-       Immigration New Zealand, Green List occupation listings (immigration.govt.nz)

-       Immigration New Zealand, news release on health sector Green List additions

-       “Taking Animal Health Forward” workforce report, NZVA/NZVNA/Boehringer Ingelheim (2024), as reported by NZ Herald, RNZ, and Stuff

-       New Zealand Veterinary Nursing Association (nzvna.org.nz)

-       Allied Veterinary Professional Regulatory Council (avprc.org.nz)