NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Budget 2025
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business / Economy

Government will insert 'implied clause' to leases to spur rent relief and predicts thousands of disputes

Hamish Rutherford
By Hamish Rutherford
Wellington Business Editor·NZ Herald·
3 Jun, 2020 08:58 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Justice Minister Andrew Little announced the changes, which take affect from today. Photo / George Novak

Justice Minister Andrew Little announced the changes, which take affect from today. Photo / George Novak

The Government will make a temporary change to the Property Law Act in a bid to help businesses hit by the Covid-19 response get rent concessions.

Struck after weeks of negotiations, the changes also signal the Government wants to force tenants which have been refusing to pay rent to do so.

Details of the plan began leaking out this week.

This morning Justice Minister Andrew Little announced the changes, which he said "will insert a clause in commercial leases requiring a fair reduction in rent where a business has suffered a loss of revenue because of COVID-19".

READ MORE:
• Labour and NZ First reach deal over commercial rents, likely to cover few businesses
• Labour's plan to force rent negotiations said to be blocked by NZ First
• Labour says commercial rent relief talks continue, but warns not sector not to hold its breath
• Government ponders commercial rent support, meets mixed reaction
• Opinions divided on Government rent subsidy for business

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The changes, Little said, would provide guidance on applying an "implied clause" in the leases on what would amount to a "fair proportion".

Disputes about the implied clause will "be settled through a compulsory arbitration process in a timely and cost-effective way".

Most of the costs of the arbitration will be covered by taxpayers, with Little announcing $40 million in funding. For every dispute going to arbitration, the Government will pay a subsidy of $6000, about 75 per cent of the likely cost.

Advertisement
Advertise with NZME.

Exactly how many businesses will quality is not clear. The funding package implies the Government is prepared for more than 6000 disputes to go to arbitration although the language it has used suggests only a small proportion of leases have not agreed concessions.

Only certain businesses will quality.

Little said businesses would need to have "20 or fewer full-time staff at each leased site" and be New Zealand based.

Businesses which have already come to an agreement with their landlord - no matter how much or how little of a concession was granted - will not be able to use the new process.

In late April Little announced the Government was considering options to offer rent relief, but in the weeks since it has been playing down the scale of the problem.

Finance Minister Grant Robertson said last week that the "vast bulk" of leases already included clauses which set a framework for agreeing rent concessions for situations like Covid-19 and that even where they did not, many landlords and tenants were striking deals.

Meanwhile Prime Minister Jacinda Ardern has said publicly that in some cases landlords were more vulnerable than their tenants.

Little did not give an indication of how widespread it believed the problem it was trying to solve is.

"I am concerned that some landlords and tenants are not coming together to make agreements that reflect the seriousness and uniqueness of COVID-19, including behaviour where large commercial tenants refuse to pay rent, and landlords demanding rent from small retailers who haven't been able to operate," said Andrew Little.

"What is required is fairness between commercial tenants and their landlords. That is why the Government is moving to ensure there is appropriate rent relief, with the burden shared by landlords, tenants, and the Crown."

The changes take effect from today. "I encourage businesses and landlords to work towards reaching a fair agreement on the payment of rent," Little said.

While he was not mentioned in the release, Napier MP Stuart Nash said on Wednesday that an announcement was coming and that he had been working hard on the deal in his capacity as the Minister of Small Business.

The Herald understands Nash played a key role in negotiating an agreement with NZ First, which had earlier refused to back the plan on a number of grounds, including concerns that foreign companies may take advantage of New Zealand landlords, and that the move would see the Government intervene in contracts between private entities.

Discover more

New Zealand|politics

'Tsunami of debt' to cripple future generations: Simon Bridges

14 May 05:00 PM
Business

Labour: rent talks continue, but don't wait

15 May 05:00 PM
New Zealand|politics

Govt's $175m for artists, musicians in 'decimated' industry

29 May 12:18 AM
Economy

Labour and NZ First reach deal over commercial rents - who qualifies?

03 Jun 05:00 PM
Save

    Share this article

Latest from Economy

Premium
OpinionUpdated

Liam Dann: ‘Perfect storm’ for flat whites - what surging food prices mean for the economy

18 May 10:28 PM
Premium
Business|economy

Budget to reveal high watermark for $132b government debt

18 May 05:00 PM
Premium
Opinion

Ryan Bridge: I hereby request a pay equity claim for NZ v Aus

17 May 05:00 PM

The Hire A Hubby hero turning handyman stereotypes on their head

sponsored
Advertisement
Advertise with NZME.

Latest from Economy

Premium
Liam Dann: ‘Perfect storm’ for flat whites - what surging food prices mean for the economy

Liam Dann: ‘Perfect storm’ for flat whites - what surging food prices mean for the economy

18 May 10:28 PM

Butter, cheese, coffee...do rising food prices signal the return of high inflation?

Premium
Budget to reveal high watermark for $132b government debt

Budget to reveal high watermark for $132b government debt

18 May 05:00 PM
Premium
Ryan Bridge: I hereby request a pay equity claim for NZ v Aus

Ryan Bridge: I hereby request a pay equity claim for NZ v Aus

17 May 05:00 PM
Premium
How Christchurch's new stadium is redefining event hospitality

How Christchurch's new stadium is redefining event hospitality

17 May 01:00 AM
Gold demand soars amid global turmoil
sponsored

Gold demand soars amid global turmoil

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP