Proposed changes in the Regulatory Systems (Workforce) Amendment Bill (No 2) which expand the powers of Labour Inspectors could be considered substantive and more than merely a “regulatory fix”, the New Zealand Law Society has said in a submission on the bill.
It notes that the bill is an omnibus bill which makes small regulatory changes to various Acts. However, it questions the proposed changes to the powers of Labour Inspectors for investigating whether a person is an “employee” or a place is a “workplace”.
Expanding their powers to include investigating whether any person performing work is an employee will clarity current uncertainty.
However, it is a substantial change for a Labour Inspector to also proactively investigate whether any place is a workplace, and the purpose of the change is unclear.
The Law Society recommends reducing the scope of the new provisions if they are to remain in a Regulatory Systems Bill.