A contractor gets hurt on a job. He claims he was actually an employee. A single missing document decides the approach in 2026.
This is Part 2 of our three part series on the Employment Relations Amendment Act (ERAA). On 21 February 2026, the biggest shake up to contractor law in 25 years came into force.
Join host Sanam as she breaks down the new gateway test. From what's changed, to what the cases are already showing us, all the way through to the questions you sent through for us to answer.
In this episode Sanam covers:
- When the gateway test applies
- The five gateway criteria and what each one actually requires
- Why a written agreement alone will not save you
- What happens when a contractor fails the gateway test
- Subcontractor vetting, and where the line sits
- The end of the 30 day collective coverage rule for new employees
- Your questions on set hours, exclusivity clauses, and subcontracting
Mentioned in this episode:
- The Employment Relations Amendment Act 2026, which sets out the specified contractor gateway test and removes the 3 day collective coverage rule
- Quigg Partners' overview, Employment Relations Amendment Act 2026, covering the five gateway criteria in full
- Stuff's coverage of the marble slab case, The gateway test was initially used before applying the old test.
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Disclaimer: The content presented in this episode is for informational purposes only and should not be considered as legal advice. The host does not assume any liability for actions taken based on the content of this podcast. While the host is a lawyer, they are not your lawyer and the information provided is based on general legal information. This podcast does not create a solicitor-client relationship.While we strive to keep the information accurate and up-to-date as at the date of each episode, laws and regulations may change, and the content of this podcast may not reflect the most current legal standards or interpretations. Listeners are encouraged to consult with a qualified New Zealand legal professional for advice tailored to their specific situation.
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